Pearl - November 19, 2024
The Broken Legal System EXPOSED! | Pearl Daily @TheBrancaShow
Episode Stats
Length
1 hour and 21 minutes
Words per minute
189.49455
Harmful content
Misogyny
26
sentences flagged
Toxicity
27
sentences flagged
Hate speech
7
sentences flagged
Summary
In this episode of Pearl Daily, I sit down with the world's leading expert in self defense law, Dr. Andrew Bruegma, to discuss the importance of self defense in self-defense cases, and why the criminal justice system is not well-suited to deal with good guy self defense cases.
Transcript
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what up guys welcome to another episode of pearl daily welcome to the show today i have a special
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guest on the show our first ever in studio guest welcome to the show andrew brinka thank you very
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much it's a pleasure to be here he is the world's leader the country's leading expert in self-defense
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law with over 25 years of experience and you have the youtube channel law of self-defense
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i do more than 30 years of experience i keep getting older every year and you are the author
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of our best-selling book the law of self-defense principles which by the way
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we give away for free at law of self-defense.com free book and so you teach men and women how to
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legally shoot somebody. That's one way of putting it. I prefer to say that I teach people where the
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legal boundaries are for the use of force. So they do have to defend themselves. They're not
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only well positioned to win the physical fight, which is the most important thing, but they're
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also well positioned to win the legal fight that happens. You don't want to survive the physical
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fight only to spend the rest of your life in a cage someplace. You want to be free to live your
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life with your family and all the things that make life worth living. And so what's interesting,
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um because guys we went shooting today so we went shooting and i've spent kind of the day
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hanging out with andrew and um you said something earlier about many people get convicted even
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though they're innocent or they didn't do anything on the books wrong why is that well part of it is
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just noise in the system uh so specifically in this context we're talking about good guy cases
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of self-defense right not criminals just making up self-defense but someone's had to defend them
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themselves against some kind of attack, they don't really know where the legal
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boundaries are. They may think they know, but in fact they generally don't know
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what they're allowed and not allowed to do. And the system itself is not well
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suited to deal with good guy cases of self-defense. By the system I mean the
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criminal justice system. When you think of that phrase, criminal justice system,
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the most controlling word in that three-word phrase is system. It is a
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system. It's a machine, like a steampunk-era machine with giant wheels and gears. It doesn't
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care about you personally. It doesn't care about fairness. It's just a bureaucratic machine for
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administering what we call justice, the rules of law to different people. And the second most
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operative term in that phrase, criminal justice system, is criminal. It's a system that's optimized
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to deal with criminals. For them, it does a pretty good job. But when you feed a normal law-abiding
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person into that system, it generally doesn't go very well. And because the system's optimized
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for dealing with criminals, there's at least always a 10% chance that you'll get convicted
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if I have to put you in front of a jury. That's what we call the justice part of the criminal
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justice system. 10%? That seems so high. It's low. Many criminal defense attorneys will tell
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you it's higher because most criminal defense attorneys or clients are actually criminals.
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That's the nature of the business. For someone who has a criminal history who's put in front
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of a jury they could be completely innocent of this particular charge they're looking at more
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like a 50 percent chance of conviction wait say that one more time so they're the normal person
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who's fed into the criminal justice system is a criminal they have a criminal background they've
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done criminal stuff before okay they're just back for another ride on the carousel of the criminal
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justice system if that person goes in front of a jury it's more like a 50 chance of getting
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convicted even if they're technically innocent of the particular charge this time okay so who are
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your typical clients when you defend somebody in a self-defense case? So most of the cases I work
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on, the clients tend to be normal law-abiding people, never been in trouble with the law a day
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in their life. Some of them have never had a speeding ticket in their entire lives, typically
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between the ages of 35 and 50. Now, I should be clear, I have a consulting practice, so I don't
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take clients directly. All the cases I work on, somebody used for somewhere in the country,
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They hire a local attorney to be their lead counsel on their case.
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My client is their attorney, so I'm consulting to their attorney.
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And what are typical cases that somebody gets into that, like, winds, like, is it a bar fight?
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So the most common criminal charge we're defending against is aggravated assault with a deadly weapon.
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we do murder cases we do all level of cases but the most common is aggravated
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assault with a deadly weapon because what happens is the client was facing
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something scary frightening them and they're carrying a gun legally carrying
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a gun and they pulled the gun out and they pointed it at that person and they
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said stay back I'm prepared to defend myself which sounds like perfect self
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defense right that same conduct checks all the boxes for a criminal charge of
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aggravated assault with a deadly weapon. What is assault? It's putting someone else in fear of
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harm. But what are you doing when you're pointing a gun at someone? You're putting them in fear of
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harm. You're telling them, I will hurt you if you don't stop doing what's scaring me. It's aggravated
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because you're threatening them with deadly force harm, and it's with a deadly weapon because you're
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doing it with a gun. Collectively, in most states, that's good. That's a felony good for 10 to 20
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years in prison. Keep in mind, I'm talking about mothers, fathers, people who've never been in
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trouble with the law a day in their lives are now looking at a 20-year felony sentence.
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Right. And so have you had any cases where, maybe not you, or like what are examples of cases that
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commonly innocent people end up going to prison? Like what's like a common case that that might
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happen? Well, it can happen in any case. Like I said, there's at least a 10% chance, no matter
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how innocent you are, that you'd get convicted. We have a very, very high success rate at law
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self-defense. We have almost 100% success in getting charges dismissed or people put into
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a diversion program. So if they keep their nose clean for a certain period of time, the charges
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go away. Or if we go to trial, we have a very high rate of acquittals. So we're pretty good at what
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we do. The cases that really trouble me is the ones where I actually see innocent people being
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convicted and going to prison. And they tend to be many of the high profile, politically energized
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cases out there. The George Zimmerman case, the Kyle Rittenhouse case. Now, those two guys happen
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to get acquitted, but they were at risk of conviction. They would have spent the rest of
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their lives in jail. Derek Chauvin is another case. There was reasonable doubt in that case,
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but he got convicted anyway, and he'll die in prison. George Zimmerman, can you tell me what
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the media said about it and what actually happened? Sure. So the way it was portrayed in the media was
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that George Zimmerman was a white Latino, a phrase invented for his trial. A white Latino.
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White Latino. He was some kind of pseudo-white supremacist who saw a 13-year-old black boy
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walking through his community and decided to kill him and shot him dead for the crime of that boy
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walking around minding his own business with iced tea and candy. What actually happened was George
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Zimmerman was a neighborhood watch volunteer for his community that was beset by a tidal wave of
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home invasions and burglaries and thefts. He saw Trayvon Martin, who was not 13 years old,
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but it was a 17-year-old, well-muscled high school football player. Wait, he was 17? 17.
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Wow. Okay, keep going. Trayvon Martin was a street fighter. In other words, he engaged in
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fights in the street as entertainment. We know this because we have video of him fighting on
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his own cell phone. His chosen technique was to punch people in the face, knock them down,
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and then mount them and beat them into the ground.
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reporting a suspicious character, Trayvon Martin.
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And in the last desperate moment to save his life,
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George Zimmerman drew his legally carried pistol,
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fired a single round that killed Trayvon Martin
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and then there was all these riots, and they made it politically motivated.
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But somehow Zimmerman still got acquitted, right?
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Yeah, when I first looked at the case, I thought,
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well, surely there must be something from the prosecution here that would suggest guilt,
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because everything I'm seeing is totally consistent with lawful self-defense.
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But what was happening was it became an opportunity for a local prosecutor
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who was having difficulty getting reelected in her black community,
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She had prosecuted a couple of cases involving black people that were very unpopular in the
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And then she saw the opportunity with George Zimmerman and said, you know what?
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If I prosecute this guy for shooting that black high school student, I'll be in favor
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If you define winning as getting a conviction, she didn't get a conviction.
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But if you properly understand what motivated her, it was not to get a conviction.
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it was to get re-elected. And that worked. When she was going to lose re-election,
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she prosecuted Zimmerman, and she got re-elected instead of losing.
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So that's how politics get involved in the law, because the prosecutors are elected.
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So it's got to be heavily dependent on the prosecutor in your area, too.
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right so in fact the prosecutor in george zimmerman's area he was pressured to bring
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charges against george zimmerman and he quit he resigned his job rather than prosecute george
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zimmerman so the prosecutor who ended up taking the case was from a completely different part of
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florida who flew in to take over that case for political advantage how can they do that because
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isn't it based on where you are yeah but once the original prosecutor quit it left the vacuum
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It needed to be replaced by somebody, and she raised her hand.
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Essentially assigned her to go into that empty district and take over the prosecutor's role.
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And because they made it like a race issue, then the facts didn't even matter.
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So there's a cliche in the law, and it says, if you're a lawyer and the law is on your
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And if the facts are on your side, you argue the facts to the jury.
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And if neither the law nor the facts are on your side, you pound the table.
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And so that whole prosecution was table pounding.
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It was the cleanest case of self-defense I've ever seen brought to trial.
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Their prospects of actually getting a conviction was shockingly low, probably just that 10%
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So I don't think they really had an expectation of getting a conviction, although it could,
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The whole point was for her to win re-election.
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Right. And so it's almost like innocent people get like, they're like innocent bystanders in
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the process where innocent people get thrown in jail because politicians are trying to get
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reelected. That's exactly right. And they're just, they're just like a twig floating along
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the river. They're completely helpless. Oh, and that's why they, oh, okay. You just
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made something make sense. That's why they hated Kamala, right? Because I guess she was known for
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having some unfair prosecutions. She was really contemptible. First of all, she put a lot of
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young black men in jail for marijuana crimes at a time when it was becoming clear the social
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sentiment towards marijuana was becoming more favorable. You didn't need to give these people
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long sentences. Then she kept them in prison longer than California law required. She could
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have allowed them to be released earlier and she wouldn't. Then there were many cases in which
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they had hidden exculpatory evidence, evidence consistent with innocence on these guys. So they
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were appealing their cases because the courts had hid that evidence favorable to them. And she
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argued against getting them released. So she was holding people in prison she knew did not belong
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in prison. Well, what would be her motive for doing that? She thought there was political
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advantage in it. She wanted to be able to run eventually as someone who was tough on crime.
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oh so and did you look at any of those cases super in depth i'm just curious if you think that
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the cases they bring up were fair or no so the the ultimate merits of the case are hard to know
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right whenever this guy did what he was charged with i wasn't in the room so i don't really know
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in any absolute sense what happened but i do know that when the defense is saying hey we have
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exculpatory evidence that's favorable to our client and the state is arguing for that not to
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be admitted, that's a problem. Yeah, because you would think that would be illegal for them not
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to bring up evidence, right? At a trial, it would be. It gets a little squishier when we're talking
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about the appeals process. But if you're a prosecutor and you're genuinely interested
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in justice and not just a score, you seek justice by allowing the evidence in. Right.
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interesting how do you think so what what do you think about like false accusations and how can i
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don't know i know it's a little bit off of self-defense but no it's fine how can men protect
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themselves from false accusations well you really you really can't except to not associate with
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people who might bring false accusations there's crazy people out there don't be in their company
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Don't date them. Don't marry them. In terms of what I think should happen to people who make
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false accusations, and we need to be careful because sometimes someone may make a claim
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that they believe is true, but they just have the wrong person, right? It looks like the person who
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attacked them, for example. That's obviously not the case if we're talking about people in a
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relationship who know each other well. But I think that if anybody makes a false accusation about
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anything let's use a woman making a false she knows it's a false accusation of rape against a
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man and she's caught and it's proven she did that beyond a reasonable doubt she should serve whatever
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prison sentence that man would have served if her accusation had been believed and why is it so hard
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for things like that to get passed like why won't shouldn't that be cut and dry well because most of
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the people making the false accusations tend to be women making those kinds of false accusations
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And women are treated, as in life generally, with softer gloves than men are treated.
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They're less likely to get convicted in the first place on essentially identical facts.
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Society just treats women differently than men, especially when they're going to be put to some kind of duress.
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Another case that was – there was literally zero evidence inconsistent with self-defense.
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And that's important to keep in mind because you don't have to prove you acted in self-defense.
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The state has to prove you did not act in self-defense.
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And they have to prove that beyond any reasonable doubt.
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So by like 90% of the evidence, they have to disprove your claim of self-defense.
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Well, if 100% of the evidence is favorable to self-defense, there's no way they can get a conviction on the legal merits there.
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Kyle Rittenhouse didn't shoot anybody who was not actively trying to kill him in the moment he shot that person.
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Every single one of those uses of force was completely lawful.
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The prosecution had nothing to go on on the law and on the facts.
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They complained about him carrying a rifle in the first place.
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Sorry, that was completely lawful under the circumstances.
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Thankfully, the jury came back with the right verdict.
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so do you think all of these cases are disincentivizing men from stepping up in
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situations where they hypothetically could so you know Kyle Rittenhouse I'm
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fairly certain he actually went there to help yeah so he went there medical
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training he brought his first aid kit yeah he was treating people's cuts and
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abrasions and things like that and you know for I don't know how long the trial
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was but he probably had to put his life on hold he probably had death threats
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Right, so even when these people are acquitted,
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it was like a year between the event and the trial.
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If you're like a 25-year-old guy, you're married,
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listen, in a year from now, we're going to go to trial,
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whether you spend the rest of your life in a cage.
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And I didn't know George at the time of the trial,
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He's just a genuinely nice guy, but he was traumatized.
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Not online, but I've talked with him about the case.
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I know the lawyers on his side from the case very, very well.
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But George was, so you hear about George after the trial,
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You know, he wanted to be a prosecutor himself.
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And so in his own mind, he's the good guy, right?
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He wants to be a good guy in society, keep society safe from evil predators.
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And the system tried to put him in a cage for the rest of his life for doing nothing wrong.
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And how long do you think George Zimmerman would have survived in general population in a Florida prison?
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Had he been convicted of being a racist murderer of a 13-year-old black boy for having iced tea and candy?
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How does that happen where these guys get, like, don't they have guards and stuff?
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You're in your cells at night, and then in the morning the cells open up,
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Yeah, you would just think that they would be, the prison would be responsible.
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They shouldn't, like, how are they getting them?
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Okay, so, yeah, we like to think of prisons as being these secure facilities
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Every drug you can buy in the street, you can get in prison.
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So how do they get into the, and that's not even counting the weapons that they can just
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fabricate by materials they secure in the prison.
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You know, prisons are made out of cinder blocks.
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You take a piece of steel, a piece of spring, anything, and you grind it.
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You grind it on a cinder block, you have a knife.
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so he would just be because that's what happened to um chauvinah right he just got stabbed like 20
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times in prison or i think it was maybe two or three years ago with shanks just pieces of metal
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they sharpened up on on cinder block and what do they do they just throw them back in yeah wow so
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it's like he gets stabbed and then he just has to fend for himself imagine wow i mean many of us
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when we were kids were bullied in school right that was a miserable experience chauvin's facing
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the death bully experience wow so but the world doesn't care because the world's been brainwashed
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into thinking that he's the the horrible racist murderer of saint george floyd i think there's a
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he has a good amount of support though i do think um sorry not simmerman but um chauvin i think um
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because i spoke to his lawyer um i was trying to get an interview with him potentially and um
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um he his lawyer said that they get a call like every week from people that are just still upset
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about it and it's been like eight years or seven however long right but those people don't have the
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power or authority to change anything yeah so so but Zimmerman um so you know him personally and
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he's in the news now not anymore so that this all happened 12 years ago now so I would say for five
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or six years after the trial he was he was messed up uh but since then he's gotten his life together
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he's moved on to other things and he seems to be doing pretty well now did he like change his name
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like he did yeah he and what is he is he in like a normal job now or how is how did i don't really
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want to give too many details because he's obviously changed his name so people wouldn't
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find him yeah that's fine but wow because i just can't i don't even know how you would move on from
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that like i don't know what you would do next um oh yeah and brianna taylor is another one i have
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listed yeah so that kind of falls into the category of um i have the cough you're okay you're okay
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brianna taylor kind of falls into the category of what i call bad outcome cases meaning
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you can imagine a shooting that might occur where the person who was killed really deserved it
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really had it coming they were firing bullets at the police and the police were shooting back and
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they just got killed in a gunfight that's not really what happened with Breonna Taylor she
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was in an apartment with her boyfriend the apartment was served with a search warrant
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by the police they were doing a drug raid essentially the police kicked in the door
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as the search warrant allowed them to do and when they came in Breonna's boyfriend started
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shooting at the police. He would later say that he thought he was being the victim of a home
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invasion, which could be true. Maybe he did believe that. In which case, it can
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be lawful to shoot at the police. If you don't know they're police, if you think they're home invaders, you're just defending your
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home. But of course, when you shoot at the police, they tend to shoot back. And the
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police did shoot back, and one of those rounds struck and killed Breonna Taylor.
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Was she trying to harm the police? No. Did the police have a reasonable expectation that the
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person they were serving the warrant on was trying to kill them? Yes.
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so their shots fired in her direction at the source of the gun shooting at them
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was a lawful use of force she just got caught in the crossfire so it's not a good death i mean
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nobody wanted her to die but a lot of times you have these cases where it's technically a legal
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killing under the law even though everybody involved wished it had never happened
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so what are the best ways for people to protect themselves in those situations
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okay my nose started running and also guys if you have any questions for him you have to go
00:23:20.640
to the audacitynetwork.com and you sign up for our monthly memberships there's a live chat and
00:23:27.040
Every now and then I'm going to check it to see if you guys have any comments or questions.
00:23:36.640
Like Bob says, I've worked in corrections for over 30 years and the percentage of the population is not guilty.
00:23:47.940
And then also, guys, we do have a sponsor for this episode.
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So we're going to take a quick break and we're going to hear from our sponsors.
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okay so you were saying brianna taylor was awful there said in the chat it's awful but lawful yep
00:25:57.200
that's the that's the phrase we use so it's it's not good but it happens all the time because um
00:26:03.840
two people could be involved in a fight and they both legitimately think they're acting in self
00:26:07.440
defense this happens a lot with police on police shootings uh where they each mistake the other
00:26:12.160
especially if they're in plain clothes. They're both in plain clothes. They're being told,
00:26:17.100
hey, go find a guy who's walking around with a gun. And they turn a corner and there's a guy
00:26:20.140
with a gun. It's another cop. And they shoot at each other. One of them kills the other.
00:26:25.300
Under the law, it doesn't, the law of self-defense doesn't really care about what was actually
00:26:29.300
happening. It's all about what was your reasonable perception when you fired that shot.
00:26:33.760
And if you had a reasonable perception that you were facing an imminent deadly force threat,
00:26:37.240
you can use deadly force in self-defense. You're not required to be correct in that assessment.
00:26:42.620
We're not required to make perfect decisions in self-defense.
00:26:45.140
We're only required to make reasonable decisions in self-defense.
00:26:48.580
Mistakes are allowed, as long as the mistakes are reasonable mistakes.
00:26:52.460
So how can you protect yourself when you're in an altercation?
00:26:56.120
Like, what are the best ways to, when you're in a situation where you have to use self-defense,
00:27:02.180
like Zimmerman or any of these, you know, the guy on the subway, Daniel Penny?
00:27:10.080
When they're in those situations, what is the best way to protect themselves?
00:27:14.860
Well, of course, there's two fights we're talking about, right?
00:27:17.860
You have to win the physical fight or nothing else really matters, right?
00:27:23.200
And that really involves what I would call tactical decisions.
00:27:28.940
Do you do some martial art like Brazilian jiu-jitsu?
00:27:32.000
If you don't train for the physical fight, you're going to lose the physical fight.
00:27:35.160
People don't win because they're going to go, I don't know, crazy mode or something.
00:27:41.520
You don't rise to your aspirations or your imaginary capabilities.
00:27:45.700
Your performance is going to be what you can demonstrate cold on any given day at a range or in a dojo or wherever you prepare for the physical fight.
00:27:53.120
So I would encourage people to do that, prepare for the physical fight.
00:27:56.500
I know personally I carry a gun every day of my adult life for personal protection.
00:28:00.360
I do BJJ several times a week so I can have a non-gun answer to problems, a barehanded answer, to maintain that proficiency myself.
00:28:10.640
So first, you've got to do what needs to be done to win the physical fight.
00:28:13.900
The next question is, what can you do to win the legal fight?
00:28:22.320
Like any profession, lawyers aren't a bell curve.
00:28:33.500
But even having done that, it's important to keep in mind that your lawyer is not a magician.
00:28:42.180
Your lawyer is stuck with the facts you give him.
00:28:45.080
If you give him good facts, you'll have a great defense.
00:28:48.300
In fact, you can make yourself super hard to convict.
00:28:50.140
That's what we teach at Law of Self-Defense is how to be hard to convict.
00:28:53.460
But if you give your lawyer bad facts, that's going to be a really, really difficult case to have a good outcome in.
00:29:02.880
Was your conduct actually within the legal boundaries of self-defense?
00:29:09.100
But your lawyer can't change that retroactively.
00:29:11.280
You have to have made the right decisions in the moment when you were defending yourself.
00:29:15.540
How do you know what those right decisions are?
00:29:20.520
If you do that and you stay well within the legal boundaries, you're really difficult to convict, and you're unlikely, because you're hard to convict, to be charged in the first place.
00:29:33.760
So having made the right decisions will not keep you from going to trial if it's a politically energized case.
00:29:40.680
But George Zimmerman went to trial, and Kyle Rittenhouse went to trial, and they got acquitted.
00:29:45.120
They got acquitted because their use of force was inside the legal boundaries.
00:29:48.920
So is it still important to know the legal boundaries
00:29:51.420
and stay within them in a politically charged case?
00:30:00.660
Like why did Derek go to prison and they didn't?
00:30:04.720
One of the reasons was the case just came later.
00:30:07.720
Every time these politically energized cases come up,
00:30:17.000
There were some of the facts in the Chauvin case were particularly subject to manipulation.
00:30:22.900
So, for example, while Chauvin is kneeling on George Floyd, a technique that was trained in the police academy for him to use just didn't come out of the blue.
00:30:37.420
But while he's kneeling on George Floyd, and George Floyd is saying, I can't breathe, because he just took a mouthful of drugs and had coronary artery disease and had fought four police officers for 10 minutes.
00:30:49.620
There's 15, 20 people standing on the curb watching this.
00:30:56.540
Every single one of those persons testified in court.
00:31:00.520
One after another, after another, after another.
00:31:14.740
One or two of them could have said, I saw this.
00:31:16.820
We know the other people all saw the same thing.
00:31:18.800
But when you allow 20 people to tell the same story,
00:31:26.820
Another factor was Derek Chauvin had one defense lawyer.
00:31:33.600
working for it. So they would argue all day in court, and then the prosecution team would file
00:31:38.520
a whole bunch of motions that had to be reviewed overnight by the defense team, the one lawyer,
00:31:43.460
defense lawyer. So not only was that guy working all day, he was basically working all night
00:31:47.820
handling these motions. He could not sleep for the several weeks of the trial.
00:31:52.860
So why was it so one-sided? Is it because he couldn't afford more lawyers, I'm guessing?
00:31:59.540
Well, however much you can afford, the state can always afford more.
00:32:04.320
So the state's resources are effectively infinite, and nobody can match infinite resources.
00:32:09.600
But why didn't that happen with the Zimmerman case?
00:32:13.080
So in Zimmerman, it was one of the first of these politically energized cases, and George Zimmerman set up a GoFundMe type of platform, and he was allowed to collect a lot of money.
00:32:26.560
Now, his legal defense ended up costing closer to $2 million.
00:32:31.780
But nevertheless, with the $1.6 million he raised, that's a lot of resources for a criminal trial.
00:32:37.340
So they were more in parity with what the prosecution could bring to the table.
00:32:41.680
After that, these GoSemi-type organizations, and I don't want to pick them out.
00:32:45.660
It's just the only one whose name I can remember.
00:32:47.720
But many of them now, if you try to raise money for a legal defense, they'll shut you down.
00:32:53.000
Because they said, well, you've been credibly accused of criminal activity.
00:33:27.780
but you would think there'd be some honor, I guess,
00:33:36.140
when they've hit that top level within the department,
00:33:48.500
Effectively, the police chief is elected by them.
00:33:51.400
And so when he's faced with a Derek Chauvin type of position, he can say, well, this guy
00:33:58.240
It's obvious they're going to do everything in their power to sacrifice this guy, regardless
00:34:03.480
I can either join him in going to the guillotine, or I can join the team sacrificing him and
00:34:11.040
I'm not saying it's the right thing to do, but it's not hard to understand why people
00:34:15.640
So do you think that police officers are going to have a hard time recruiting people?
00:34:20.360
they can't recruit right now most major urban police departments are are hundreds or thousands
00:34:25.620
of people short really in terms of how many police officers they need yeah because why would why would
00:34:30.540
you do it especially if you're seeing them throw you know men doing their jobs under the bus and
00:34:36.880
when they can recruit they're not getting top level people right those top level people can
00:34:41.000
go become computer programmers or sell cars or do something else so what do you think will happen
00:34:47.580
in the future? Well, we're at an interesting inflection point. We have a new president coming
00:34:53.960
in. I think he's going to be looking to, many of these prosecutors got their offices, these
00:35:02.660
politically energized prosecutors who bring these cases, became prosecutors because they were
00:35:08.520
elected to those positions with the financial help of George Soros or one of his foundations.
00:35:14.080
George Soros is a very far-left individual, a billionaire.
00:35:18.340
Most prosecutor races traditionally, if you had two guys running for that prosecutor's office,
00:35:23.240
they might each spend $5,000 or $10,000 for that race.
00:35:27.620
George Soros comes in and drops a quarter of a million dollars behind his candidate.
00:35:36.660
The normal prosecutors are not competitive anymore.
00:35:39.620
Once George Soros gets his prosecutor into that office,
00:35:42.180
they're in there specifically for political decision-making.
00:35:50.720
If you go in and you loot your local CVS pharmacy,
00:36:00.220
well, if you're a cop and you shoot somebody,
0.98
00:36:07.240
in those jurisdictions becomes politically energized george so i always hear about him
00:36:12.360
i want to see what he looks like now his son has taken over the empire his son's name is
00:36:17.240
alex soros how did they get rich can we show him on screen he looks kind of scary
00:36:22.200
i don't you see him yeah yeah well how did he get rich do you know i don't know
00:36:31.900
financed by billionaire so he this is the guy that funds a lot of this stuff right and so
00:36:39.340
basically a prosecutor will run and they can't make it unless they go with his agenda essentially
00:36:45.060
so traditional prosecutors are generally old guys or they could be gals in the legal community
00:36:50.380
they've practiced law there for decades they've been lower level prosecutors for decades and they
00:36:55.120
decide you know what i'd like to throw my hat in for the big seat for the prosecutor's office
00:36:59.180
but they don't have much money they don't have much political expertise and they're just normal
00:37:04.560
run-of-the-mill prosecutors they're well-intentioned civil servants just trying to do a good job for
00:37:08.940
their community George Soros will pick someone who's a firebrand left-wing lawyer and say I want
00:37:16.360
you to be the prosecutor and do left-wing things in that office here's a quarter of a million dollars
0.71
00:37:25.260
So it'll be interesting to see what Trump does,
00:37:39.420
I think we're going to find it's going to require
00:37:47.200
Now, the federal government has a lot of implicit authority,
00:37:50.800
Strictly speaking, of course, I mean, how much should the federal government have to do with a local prosecutor, right?
00:37:55.360
But all these cities get a lot of money from the federal government.
00:37:58.000
The federal government starts saying, listen, unless you start prosecuting property crimes again, we're cutting off the spigot.
00:38:04.260
Could apply enough pressure to get someone else in the job.
00:38:06.960
And every once in a while, increasingly, these Soros prosecutors are getting thrown out of office.
00:38:11.780
I know the one in L.A. or San Francisco, for example, just lost his run for re-election.
00:38:15.780
7 billion dollars i'm gonna check really quick the chat see um pearl ask him if you have the
00:38:28.620
right to deny jurisdiction to the original court no matter what happens so you can get
00:38:34.040
the co-fiction overturned or conviction i can keep that overturned on appeal
00:38:39.360
so i'm not exactly sure what he's asking jurisdiction is not a difficult issue in
00:38:46.980
criminal courts you committed an alleged crime in the county for example the court has jurisdiction
00:38:52.160
in that county that's it they have jurisdiction there are a group of people who refer to themselves
00:38:56.720
as sovereign citizens they believe they're not subject to the laws of the united states they
00:39:01.120
believe that u.s courts simply have no jurisdiction over them at all they're kind of crazy so i'm not
00:39:06.800
sure if he's one of those people and he's trying to ask the question from that angle. But I can
00:39:12.980
tell you, you can yell at a court all you want that the court does not have jurisdiction over
00:39:17.620
you. The court does not care. Okay. The other, Craig Thomas says, I've heard during World War
00:39:25.020
II, he printed, he pointed German, Craig, I can't say that on YouTube. I'm not going into that.
00:39:32.160
um guys comments that are relevant i can't i can't this isn't that topic um anyways
00:39:43.120
michael brown was another yeah guys i can't say that um so michael brown was another one
00:39:54.680
and that was was that the one with zimmerman it's kind of some of these happened when i was
00:40:00.340
in high school so i'm trying to think back michael brown was in ferguson missouri uh he was a uh a
00:40:06.500
very large uh black gentleman who was walking down the middle of a street and a patrol car came up
00:40:11.300
and yelled at him to get on the sidewalk get out of the street and michael brown attacked that
00:40:15.420
police officer in his patrol car fought him for control of the officer's pistol we know this
00:40:20.240
because the pistol in the struggle discharged inside the patrol car and took a chunk of michael
00:40:26.140
brown's a little piece of michael brown's hand his dna was found inside the car so we know there
00:40:31.000
was a fight for the gun there then michael brown ran off the police officer chased him on foot
00:40:35.720
police officer said halt police michael brown turned around michael brown was about 250 pounds
00:40:42.180
the police officer was about 160 michael brown turned around looked at the officer and charged
00:40:47.800
at him hands extended and the officer shot him as he was being charged and killed him the news
00:40:55.260
stories were that this officer executed Michael Brown for no reason. Michael Brown had his hands
00:40:59.540
up, is the narrative. Hands up, like he was surrendering. He had his hands up. He was reaching
00:41:04.720
for the officer's throat when the officer shot him. And the officer knew this guy was going to
00:41:09.160
fight him for his gun because he'd already done it. That was a perfectly lawful shooting. But
00:41:14.000
here's an interesting example. So the prosecutor in that jurisdiction said, well, I'm going to
00:41:18.960
present the facts and the law to a grand jury and let the grand jury decide whether this goes to
00:41:23.720
trial. Normally, a grand jury is a completely one-sided affair because the prosecutor is not
00:41:29.360
obliged to share evidence of innocence with the grand jury. They're only obliged to share evidence
00:41:34.640
of guilt. And if we ever only hear one side of a story, it sounds pretty compelling, right? So
00:41:40.300
normally a grand jury only hears from the prosecutor. They only hear the prosecutor's side.
00:41:44.160
So they return an indictment, guaranteed. What this prosecutor did was say, you know what,
00:41:49.200
grand jury, I'm going to show you all the evidence. The evidence consistent with guilt and the
00:41:53.420
evidence consistent with innocence all of it which he doesn't have to do the grand jury looked at all
00:41:57.820
that evidence and they refused to indict that police officer know what happened next that
00:42:02.240
prosecutor who had been the prosecutor in that jurisdiction for more than 30 years the next time
00:42:07.480
he was up for re-election george soros came to town financed a competitor against him and that
00:42:13.120
guy lost his career to a george soros finance candidate and is it difficult to become a
00:42:18.440
prosecutor is that something that's hard to like competitive I don't really know I mean it would
00:42:23.640
vary by jurisdiction you know in big cities prosecutors have more power and influence so
00:42:28.460
it would be more competitive most people don't live in big cities they live in rural areas and
00:42:33.140
there it's again generally it's just some guy who's been around a long time in the legal
00:42:37.760
profession been a prosecutor for a few years and decides he'd like that job for a little while
00:42:41.680
I'm just wondering if he loses his career as a prosecutor can he get hired again like what oh he
00:42:47.480
wouldn't need it i mean he was probably 60 by this point so i'm sure he just retired right
00:42:52.180
that's so crazy so the prosecutors are often and that's a lesson by the way yeah that was done as
00:43:00.780
a lesson that was done as a lesson to every other prosecutor in the country if you have a case like
00:43:05.600
this and you present a fair narrative to the grand jury when we want you to go after that cop
00:43:10.300
we're going to cost you your career we're going to come in here give a competitor quarter of a
00:43:15.280
million at your next election and you're going to lose. So now other prosecutors are looking at this
00:43:19.920
and what happens when you think when they get a case like this? You think they're going to treat
00:43:23.420
it in a fair way with the grand jury? Or you think they're going to get on board like that police
00:43:27.940
chief and say, well, either I can be destroyed with this police officer or I can join the team
00:43:32.840
destroying him. Right. So there's incentive to basically be unlawful in a lot of these cases.
00:43:43.940
if they become you really want to avoid getting anything politically motivated yeah like in these
00:43:50.180
self-defense cases you want to be off the radar screen you don't want anyone to know about your
00:43:53.540
case yep so wow sorry i'm like kind of blown away by some of this stuff um craig thomas that's about
00:44:05.940
Soros. Okay. So in your career as a lawyer, what are some of the most interesting cases you've had?
00:44:20.260
Well, they're all interesting in their own ways. So there's, you think about the ways that people
00:44:25.580
can screw up a claim of self-defense, people find every way to screw it up. There's basically five
00:44:32.100
things you need for a valid claim of self-defense. So it's not rocket science. It's not 500 things.
00:44:36.540
It's not 50 things. It's only five. And I call these the five elements of self-defense. Innocence,
00:44:42.100
imminence, proportionality, avoidance, and reasonableness. Innocence meaning you didn't
00:44:46.280
start the fight, which should be obvious, right? If you start the fight, you can't claim self-defense.
00:44:51.300
Imminence meaning what you're defending yourself against is happening right now.
00:44:54.580
It's not someone who punched you yesterday and now you're getting them back. It's not somebody
00:44:58.540
who's threatening to harm you in the future but isn't a threat right now. It has to be a threat
00:45:02.420
that's occurring right now. Proportionality basically means you're not using deadly force
00:45:06.860
to defend yourself unless you're facing a deadly force threat. So if someone shoves you, you can't
00:45:11.420
go to the gun. That would be a disproportional response. Avoidance has to do with whether or
00:45:16.500
not you have a legal duty to retreat before you can defend yourself. There's only 11 states that
00:45:21.240
require that, so most states don't. And then reasonableness. Everything you perceive, you
00:45:27.540
decide you do in self-defense has to be that of a reasonable person. So it's not imaginary.
00:45:33.200
It's not speculative. It's something that another reasonable person in your circumstance would share
00:45:39.580
the same belief that you have. Could I get an example of reasonable versus unreasonable?
00:45:45.600
Yeah. So I had a case where a woman was in the parking lot of a Walmart and she was putting her
1.00
00:45:51.440
stuff in the trunk of her car. And a guy walks up and says, hey, do you have a light for a cigarette?
00:45:55.460
it and she pulled out a gun and pointed it at him now she was probably afraid this guy was going to
0.89
00:46:01.880
mug her muggers in fact use this kind of approach language all the time you have some change you
00:46:06.940
have the time do you have a light because they're trying to keep your brain occupied while they
00:46:11.300
close proximity to get close enough to hurt you or grab your purse or whatever that's probably
00:46:16.820
what she perceived was going on did she shoot him no she just pointed the gun but that guy ran back
00:46:23.860
into the Walmart, and he called the police, said, there's a crazy woman in the parking lot just
1.00
00:46:27.580
pointed a gun at me. The police showed up, and now they have to ask the woman, why did you point a
00:46:32.420
gun at that guy? For her to have a reasoned response, she would have had to say, well,
00:46:37.480
I saw these things that made me think he was a deadly force threat. He verbally said something,
00:46:43.580
he showed a weapon, some evidence to which she applied her powers of reason.
00:46:49.200
That would be a reasonable belief. She wasn't able to say anything like that.
00:46:52.200
so she got charged with a felony oh wow did you take her case
00:46:57.640
i did advise on the case she ended up taking a plea agreement
1.00
00:47:02.120
okay so still a felony but she didn't have to do time
0.97
00:47:05.340
so because i guess that would be an overreaction but i could see why she would do it
0.92
00:47:14.640
but that would still be in the eyes of the law unreasonable
00:47:18.920
Well, the prosecutor has to believe he can argue it was unreasonable to a jury.
00:47:25.740
Now, this one ended up not going before a jury.
00:47:28.400
But the argument the prosecutor was going to be able to make was sufficiently compelling that we didn't want to risk a jury, which is why she took the plea.
00:47:35.320
And so what would be like an example of a reasonable one?
00:47:39.520
Say, for example, she had told the police, listen, this guy asked me for a light behind me.
00:47:44.600
And when I turned around, he was holding something shiny up at my face.
00:47:47.920
oh okay well yeah now maybe that would have been a pack of cigarettes not a weapon at all so maybe
00:47:53.360
technically she made a mistake about it being a weapon but a reasonable person might have seen
00:47:57.760
that flash of shiny light and thought it was a weapon reasonably right under the circumstances
00:48:03.840
that might have been enough to get her out of the conviction so what are some of um i guess going
00:48:08.800
back to the questions like are there any cases you've had over the years that really stand out
00:48:13.040
to you as being particular like have you ever um defended someone or maybe seen someone be
00:48:19.180
defended that you believed was innocent and went to jail uh not the cases i've worked
00:48:26.220
but we do get interesting cases we had one out of california a couple years ago it was a it was
00:48:31.480
a murder case it was a young woman i'm not sure she was 21 and she had a one-night stand with a
00:48:36.660
guy and they got into some kind of argument she says he attacked me she was quite petite and he
00:48:42.780
was much larger than her she had a little tiny folding knife that her dad had given her for
00:48:47.960
self-defense and she takes out this folding knife and this guy rushes at her and she stabs him once
0.97
00:48:53.460
in the chest with this little tiny knife well that little knife cut his aorta in his chest
00:48:58.720
which is the highest pressure blood vessel there is in the body the entire apartment in the forensics
00:49:04.540
photos it looked like someone had taken a hose of blood and sprayed everything and the guy falls
00:49:10.220
down a flight of stairs that gets all covered in blood and he dies at the base of the stairs
00:49:13.900
and the police show up she calls them and they question her and in every officer who spoke with
00:49:21.520
her wrote in his report she had a very cold demeanor she did not appear to be emotionally
00:49:27.220
upset that's what led to them charging her if she had been crying and weeping she might not
00:49:34.080
have been charged with murder but because who knows maybe she was in shock maybe she just has
00:49:39.480
good emotional self-control because of her calm demeanor that's what ended up with her being
00:49:44.880
charged with murder we got her acquitted by the way so you got her oh wow and do you do you think
00:49:52.040
their reactions mean anything like in your experience does that stuff matter no not
00:49:58.780
necessarily but the lesson here is that the people who are evaluating our use of force after the fact
00:50:05.540
or we're making decisions about whether we're going to go to trial,
00:50:09.060
run that risk of getting convicted, spend the rest of our life in a cage.
00:50:13.980
where you put law and facts into one end and you crank a handle
00:50:20.940
with all their biases and frailties and prejudices.
00:50:25.540
And so these cops were just making an emotional judgment call
00:50:32.340
Prosecutors are making those emotional judgment calls.
00:50:35.340
We like to think we're all rational, critical thinking people, but we're not really.
00:50:46.080
And the jury is made up of emotional human beings too.
00:50:48.760
And the prosecutor makes emotional arguments to them to rev up their emotions.
00:50:52.800
That's not how it should work, but we're all human beings.
00:50:55.700
It's a process of human beings, and it's imperfect.
00:50:58.480
What do you think about Daniel Penny in New York?
00:51:07.540
Do you think he's going to get off, or do you think they're going to convict him?
00:51:10.200
I think he has the typical 10% chance of getting convicted.
00:51:14.100
I don't think he should be convicted, but I think he's running that chance.
00:51:19.880
I think no one was more surprised that Jordan Neely died than Daniel Penny.
00:51:25.200
I think he had no intention of causing harm to that guy at all.
00:51:29.880
I don't believe he was choking him for more than a few seconds.
00:51:32.900
I think he was just restraining him with an arm around him.
00:51:36.720
But he was positioned to apply what we call a rear naked choke.
00:51:42.000
It's a particular choking technique from Brazilian jiu-jitsu.
00:51:47.360
I've applied the rear naked choke to hundreds of people.
00:51:55.940
what often happens is people get trained in this
00:51:57.880
technique and Daniel Penny was trained in the Marine Corps
00:52:23.340
messed up physiologically they're frail you apply that same technique to them that never kills
00:52:29.400
anybody in your experience and that person that person with the frail physiology they just turn
00:52:34.400
off they just die i think that's what happened here now importantly jordan neely was actually
00:52:40.340
alive when the police arrived and daniel penny he had a pulse oh he was oh wow yep uh so it wasn't
00:52:48.540
You know, you would think if you were choking someone to death, they've got to be dead when you stop choking them.
00:52:54.480
If they're not dead yet, they start breathing again.
00:52:58.840
We know the other people on the train have testified at his trial.
00:53:02.040
We hear from news reports that Jordan Neely was, in fact, threatening them with harm.
00:53:05.880
He wasn't afraid to go to jail, all this kind of stuff.
00:53:11.060
So the evidence is overwhelmingly in Daniel Penny's favor.
00:53:15.820
You're allowed to use force in defense of other people as well as yourself.
00:53:19.520
But it's a bad outcome case because we have a dead person.
00:53:24.760
I'm sure Daniel Penny did not want Jordan Neely dead.
00:53:30.920
And now the prosecutor sees an opportunity to gain political advantage.
00:53:37.320
So we have that racial energized component again.
00:53:41.400
So is there anything he could have done differently?
00:53:51.260
was there anything he could have done differently from your perspective?
00:53:54.860
You know, I do say in my own gym to my fellow students
00:53:58.960
that we need to be very careful with these chokes
00:54:01.200
because we're probably not going to be defending ourselves
00:54:05.900
We're going to be defending ourselves out on the street
00:54:08.040
from someone who may well be homeless, alcoholic, drug addict,
00:54:14.120
and you might apply a choke and just kill this person.
0.98
00:54:20.100
put a choke on a homeless person who was attacking him
00:54:26.460
with murder, manslaughter, and criminally negligent homicide.
00:54:29.040
I had to testify as an expert witness at his trial.
00:54:41.820
if you have a joint lock, something else you can do,
00:54:44.120
because you can put a joint lock on someone's elbow
00:54:48.200
but you're not gonna kill them by destroying their elbow.
00:54:51.340
Then you avoid that risk of the person just turning off
00:54:55.140
So would you advise your clients not to get involved
00:55:09.460
where they feel what the appropriate conduct is.
00:55:12.620
It's not my job to tell people to intervene or not intervene.
00:55:14.940
What I try to do is help people make an informed decision.
00:55:22.820
And the risks of intervening are death and life in prison.
00:55:31.000
the risk of losing, of dying in that physical fight
00:55:49.360
because otherwise we have nothing to talk about.
00:55:54.720
You get convicted, you get sentenced to jail for 20 years.
00:56:01.380
I'd rather be alive in prison than dead outside of prison.
00:56:08.820
But after that, I kind of run out of reasons I'd be willing to go to prison for 20 years.
00:56:16.280
There are people out there who are going to say, no, it's the right thing to do to intervene and save that person.
00:56:26.260
Just make an informed decision knowing what the risks are.
00:56:31.160
I think if it was me, I mean, because I was on Tim Pool a couple of months ago.
00:56:36.760
and i'm not i mean you've seen my channel it's not super into politics we just touch on maybe
00:56:43.120
like the men's rights stuff but one of the stuff one of the topics on the show was i think there
00:56:50.960
was people on a train watching a woman get um assaulted or raped on it nobody intervened and
00:56:56.040
everyone looked at me like i was crazy when i said why would he because you know men see this
00:57:01.760
stuff on the news. And if you don't know her, I don't think that's worth 20 years in prison
0.98
00:57:08.240
or your life. I got stuff to do. I got four kids to raise. It's a pretty high threshold for me to
00:57:15.020
be willing to go to prison. Yeah. And you see... By the way, I also think to myself, you know,
00:57:19.980
when I became an adult, I went out, I got a gun. I got a license to carry that gun. I got trained
00:57:26.060
in how to use it. I learned what the laws were. I consider that a fundamental adult responsibility.
00:57:30.820
The ability to protect myself and the people I have a duty to protect from criminal predators.
00:57:41.740
Why is their failure to do that make me responsible now for their safety?
00:57:49.100
I'm assuming it's so left you can't carry a gun, right?
00:57:54.360
So you have kind of the New York City center and then the area around the city.
00:57:57.960
And then you have upstate New York, which is more rural.
00:58:00.260
and the the gun laws vary in all those different places within new york city it's all but impossible
00:58:05.220
to get a concealed carry permit and if you get one in some other part of the state it's not valid
00:58:09.780
in new york city so what if someone's getting attacked in new york and they shoot them with a
00:58:16.260
gun that they're not allowed to carry what happens that actually happened so in the i want to say the
00:58:22.100
1980s there was a guy riding on a subway his name was bernie getz he'd been previously mugged on the
00:58:27.540
the subway. He'd gone and he'd applied for a New York City concealed carry permit, which technically
00:58:32.740
exists, but is impossible to get. And they refused to give him one. He went out and got a revolver
00:58:37.300
anyway. So he was carrying a revolver unlawfully in New York. And sure enough, he gets attacked on
00:58:42.560
the subway again by four young men with sharpened screwdrivers, threatening him with weapons. He
00:58:47.680
pulls out his revolver, he shoots him. And then he flees. He actually runs off to Connecticut,
0.99
00:58:53.500
doesn't report the shooting, but of course it's in all the media, right? A subway vigilante shot
00:58:58.020
these four young black men on the subway. There's a manhunt out for him. He turns himself in and
00:59:04.760
he's prosecuted. He's prosecuted for the shooting, the use of force crime, the shooting these four
00:59:09.060
people, and he's prosecuted for the gun crime. Well, when the jury comes back with a verdict,
00:59:13.840
they acquitted him of all the use of force crimes. So the shooting itself was lawful,
00:59:18.440
lawful self-defense. And they convicted him of the gun crime because it was in fact unlawful
00:59:42.000
And then I think he was sentenced maybe to eight months,
00:59:46.280
But in that case, I mean, that would be worth it
00:59:53.080
maybe being dead yeah again i don't tell people what to do so i'm not telling anyone to carry a
00:59:58.220
gun unlawfully um you know if you kind of do the math and decide well you know would i take a gun
01:00:03.960
conviction over being dead i don't know people have to make their own choices i never thought
01:00:08.940
about it like that they might move to a place where it's lawful to carry a gun i mean there's
01:00:14.580
like 45 states that make it routinely possible to carry a gun lawfully for personal protection
01:00:22.140
I never thought about it like that with the gun.
01:00:26.000
Like, I mean, we can make money just like the men.
0.93
01:00:29.240
Now we have guns, so we can protect ourselves just like the men.
01:00:32.160
So there's not really an excuse to be in that situation, really.
01:00:36.360
I mean, you can always carry a gun for the most part.
01:00:40.720
I will say, you know, it's a little inconvenient to carry a gun.
01:00:44.200
It's another hunk of metal you have on your body.
01:00:48.700
You have to make sure it's always secure that no unauthorized person can access the gun.
01:00:55.180
So if you're going to use it, you're using it effectively and you're not just sending bullets down the street to strike innocent people.
01:01:01.720
And you need to be determined enough to use it should it come to that so somebody just doesn't take the gun off you.
01:01:13.580
So it's not hard to learn to shoot a handgun well enough for personal protection.
01:01:17.520
but I think people have to make the affirmative choice to do that and commit themselves to doing
01:01:23.900
what they need to do to acquire the low but necessary expertise and mindset to be able to
01:01:29.980
bring it to bear. So I just thought I had a question in my head but I forgot it and it's
01:01:37.220
really bothering me. Wisdom just wiped it out. No it was such a good question and it's it was
01:01:42.000
something about oh I can't remember this is going to drive me nuts. I'm going to remember it later.
01:01:47.520
Faisal Lay says, on October 10th, a driver accused me of hitting his equipment, got aggressive, and shot me, but missed.
01:01:59.660
I mean, if it's easy for you to have legal representation, I would do it.
01:02:03.040
My general rule of thumb is, you know, people say when you're interacting with the police, just don't talk to the police.
01:02:12.480
I think if you're a criminal, never talk to the police.
01:02:15.700
So if you're actually a criminal, please don't talk to the police.
01:02:19.680
On the other hand, if you're attacked and you defend yourself and you're calling 911,
01:02:23.600
you're calling the police, you're talking to them.
01:02:29.460
It doesn't make sense to me that you would defend yourself, call 911,
01:02:33.080
and it goes, ring, ring, ring, 911, what's your emergency?
01:02:35.880
And you're literally not going to say anything.
01:02:40.480
I do think that it's a fair position kind of in the middle where you're not a criminal.
01:02:44.980
but you didn't call the police the police called you they want to they just called you we'd like
01:02:51.620
to ask you questions you can cooperate if you want it's possible to say things that get you in
01:02:57.460
trouble and you're perfectly entitled and I think it's a reasonable choice when the police when the
01:03:02.160
police call you and say we have questions to tell them I don't answer questions polite not rude
01:03:13.600
And there's really nothing they can do with that.
01:03:15.280
If they have probable cause to believe you've committed some crime,
01:03:17.780
they can arrest you, but they could do that anyway.
01:03:19.700
You're not giving them more ammunition to use against you.
01:03:39.260
We'd like to believe it was a kinder, gentler nation then where there was less law enforcement, malevolence, less of this political dynamic.
01:03:49.300
I suppose if I spoke to someone who had to deal with the police back then, maybe they would tell me that it's just a figment of my imagination.
01:03:58.780
Is there a difference between self-defense with the different types of weapons?
01:04:05.300
so I would imagine the laws are pretty much the same even if it's like a gun a
01:04:11.840
knife in terms of it's still reasonable doubt or sorry not reasonable doubt
01:04:17.780
the law doesn't really care what weapon you use it cares a lot about the amount
01:04:22.700
of force you're using so the law of self-defense puts force into two buckets
01:04:26.480
there's non-deadly force force not likely to cause death or serious bodily
01:04:30.620
injury and there's deadly force which means more than death that can kill you
01:04:34.520
it means force that can cause death or serious bodily injury so a maiming injury a broken bone
01:04:40.360
that's deadly force even if you would never have died from it um so once you're in the deadly force
01:04:47.680
bucket you're being threatened with deadly force and you're using deadly force in self-defense
01:04:51.740
the law doesn't care how you do that it could be using a knife it could be using a gun it could be
01:04:58.860
running someone over with your car it could be something from the wily coyote cartoons where you
01:05:03.800
drop a piano from a great height onto their head it doesn't really matter uh the law cares a lot
01:05:09.180
about whether the conditions for deadly force have been met but it doesn't really care a lot
01:05:13.420
about what form the deadly force takes yeah that makes sense but again it's a lot more efficient
01:05:20.420
uh yeah using a knife or a piano from a great height well i'm in london or i would not anymore
01:05:25.300
but i was in london so it was all stabbings there right i was more it would be weird because
01:05:30.960
in america it's all it's guns yeah guns but there you would hear about people getting stabbed with
01:05:37.300
like a machete yeah right and just personally i'd rather get shot than stabbed if i have to go
01:05:43.580
yeah i can tell you from personal experience that gunshots are way easier uh than than bladed
01:05:49.280
injuries uh sharp blades create unbelievably grievous injuries you get shot 80 percent of
01:05:55.760
people in america who are shot with a handgun survive which actually tells us another lesson
01:06:00.640
which is that if anyone's thinking they're going to point a gun at a bad guy and the bad guy is
01:06:05.660
just going to run away, that happens a lot, but it's not guaranteed. A lot of bad guys out there,
01:06:10.680
they've been shot. They're that 80% that's been shot before and survived. They're still bad guys.
01:06:15.660
They're still on the street. They're not all that scared of your gun. They've been shot before and
01:06:19.640
they're still here doing bad guy stuff. So you really have to be prepared. If that gun comes out,
01:06:25.540
you have to be prepared to use that gun. It doesn't mean you have to use the gun.
01:06:29.800
Maybe they will run away, and then you don't need to shoot them.
01:06:45.420
Oh, you can't be scared to pull the trigger because they'll sense that.
01:06:51.280
Most police officers who are shot are shot with their own guns.
01:06:55.720
The bad guy takes the gun off the cop and shoots him with his own gun.
01:06:59.500
no way how does that happen is it just because they hesitate it's because it's very easy to take
01:07:05.420
a gun off of somebody it's shockingly easy really yep for one thing the grip on a gun
01:07:13.580
is generally shorter than the length of the slide so if you're holding the grip you have a short
01:07:19.020
lever and if they grab the slide they have a long lever they have more leverage than you do
0.83
01:07:23.740
um so if someone's coming like to grab you just have to shoot them like right away as far as i'm
01:07:31.920
concerned if they're grabbing for your gun it's no different than they were reaching for a gun on the
0.98
01:07:35.600
table yeah in fact it's worse because if they're reaching for a gun on the table they're reaching
01:07:40.080
for a gun but you still have yours if they grab your gun they're arming themselves and disarming
01:07:44.560
you at the same time i've seen uh in prison surveillance video of prisoners practicing with
01:07:49.880
each other how to strip guns away they practice with each other how to strip guns away
01:07:56.600
so they're training are you training no not you but i mean if anyone out there is carrying a gun
01:08:07.600
and hasn't taken a class in weapons retention how to how to mitigate the risk of having the gun taken
01:08:12.720
that they're doing it wrong there's an update you need to articulate what you did
01:08:19.920
i can't understand bob's comments he said 70 percent are shot oh they're shot off duty
01:08:27.420
of cops oh i don't know about that oh you don't think that's true or you don't know i just never
01:08:33.380
heard that statistic i'm not sure where it's coming from yeah he said this guy in the chat
01:08:37.560
says yes it's from bob bob well you can't trust bob isn't he one of the minions what isn't he one
01:08:44.100
of the minions i don't he um they just pay to get in the live chat and i'll read their stuff
01:08:49.120
um what do you think's the worst case you've seen in the media where um would you because for me
01:08:59.100
it'd be derek chauvin would that be the worst one you've seen in terms of like innocent guy
01:09:04.260
getting put no because i see a lot of bad ones uh there was one recently um i believe the officer's
01:09:10.460
name was aaron dean police officer he's called to a house in the middle of the night burglary in
01:09:15.160
progress it's the winter all the doors are open in the house so it looks like it's been ransacked
01:09:20.340
he shows up there and the first thing he's been trained to do is first search the outside of the
01:09:26.240
house make sure there's not people lurking so he's walking around the outside of the house with his
01:09:30.240
flashlight he peers into a window of the house and the other side of the window someone's pointing
01:09:35.160
a gun at him so he has his own gun in his hand because he's looking for a burglar and he shoots
01:09:40.060
it turns out the person inside the house was the resident of the house i was a young black woman
0.95
01:09:45.620
who lived in the house she probably thought it was the burglar a burglar outside the house
0.92
01:09:50.440
right that she was pointing the gun at and this is a classic example of a a shooting i would say
01:10:27.100
So she just thought there was and there wasn't.
01:10:29.800
He was searching around the outside of the house.
01:10:35.600
So she probably thought, holy cow, there's somebody sneaking around outside my house.
01:10:41.660
No, the neighbors across the street called the cops because they called.
01:10:45.360
They said, hey, we're looking at our neighbor's house.
01:10:52.320
Because it's the middle of winter at 2 a.m. and the doors are open.
01:11:10.060
they opened up the doors, and then they fell asleep
01:11:11.680
or passed out or whatever and forgot the doors were open.
01:11:15.640
There was another case recently, just this year,
01:11:25.940
a heart patient, floating on the river with his wife and some friends.
01:11:30.100
One of his friends lost her cell phone in a little floaty bag,
01:11:35.340
Got into close proximity of some very drunk and high school boys
01:11:45.440
And when he came out of the river, he came out with a pocket knife.
01:11:48.620
And basically, they threw themselves onto his knife.
01:11:51.800
He stabbed, I think it was three people, one of them fatally.
01:11:55.580
He didn't stab anyone who wasn't attacking him,
01:11:58.340
but he was brought to trial and he was convicted.
01:12:01.260
And I think that was a completely unjust conviction.
01:12:03.320
I think he had more than a reasonable perception
01:12:05.480
that he was facing an unlawful, deadly force fight,
01:12:09.400
if he didn't take out that knife and defend himself.
01:12:13.380
He's going to spend the rest of his life in prison.
01:12:17.520
It was caught because the tubers all had their phones out.
01:12:45.440
Don't put it on the screen, I'm just going to watch it though
01:12:51.700
okay they can't see it so that's it they're yelling at him they're gonna in a moment he's
01:13:03.300
gonna get punched um so he's looking for his friend's cell phone but why were they attacking
01:13:12.560
him they were just they were all drunk and they were just making fun of him like teenage boys
0.54
01:13:17.060
will do they were acting like a little lord of the flies gang he starts walking away from them
01:13:23.060
here but he's down river so everything's floating towards him so they catch up they're calling him
01:13:30.320
a child predator they're shouting all kinds of insults at him and he's not doing anything
01:13:37.020
offensive here they're screaming yelling and right about now he's going to get punched
0.98
01:13:44.780
a girl is going to come up and yell at him
1.00
01:14:01.140
well the others have been calling him a child predator
01:14:06.560
oh because he's just kind of not an attractive guy
01:14:15.360
and that woman comes up and screams in his face again
1.00
01:14:37.540
there wow imagine the chaos all these people screaming like there he goes he's in the water
01:14:47.680
kicked him he's on he's face down they're pushing him down and now he's got the knife in his hand
01:14:53.140
he doesn't pursue anyone the only people who get stabbed are the people who come to him
01:14:59.120
that guy got cut pretty bad oh so he came at him
01:15:07.160
and at this point in the video they realize that people are bleeding and they all start
01:15:13.760
screaming how could this have happened like they weren't involved i can't believe wow
01:15:21.440
that's insane so they all attacked him and he went to jail yep prison he's convicted what was
01:15:32.000
his name i want to get that because i think nicolai mu i believe his last name is miu
01:15:36.340
a river stack because i think the what i think i saw was him crying like he was a trial was he
01:15:43.800
saying sorry to them or something yeah i believe this was a sentencing so wow he lost a ton of
01:15:49.880
weight he lost a ton of weight yep wow you know his wife divorced you can his wife they always
01:15:57.240
leave no this is why because they knew they were going to get sued so they divorced they agreed to
01:16:04.100
divorce so she could protect some assets and she testified at trial and the defense lawyer says
01:16:09.980
did you love your husband that day on the river she said yes do you still love your husband yes
01:16:14.560
i do did they protect any of their assets i don't know or no i didn't follow it the oh this is really
01:16:22.600
long okay i was there was some clip i saw which was i think him apologizing to
01:16:33.880
but once you're convicted and you're going to be sentenced
01:16:59.600
So now this is a mission to avenge their friend.
01:17:09.800
His abdomen was opened up and his gut spilled into the river.
01:17:18.940
Wow, the system really, if it gets politicized,
01:17:23.320
that seems to be like the kiss of death is when politics become involved.
01:17:27.340
Well, it certainly means you're in a fight for your life.
01:17:34.180
But it certainly ups the stakes, and you're definitely going to trial.
01:17:38.000
So it's very common in a killing case where a self-defender has been charged with murder or manslaughter
01:17:43.800
to spend in excess of $200,000 before you even get to trial, and then it just goes up from there.
01:17:50.080
But if they don't have the money, where does it come from?
01:17:58.840
They get a bad reputation, like they're bad lawyers.
01:18:02.180
In fact, I would advise anyone who's thinking about going to the law,
01:18:05.660
if you want trial experience, become a public defender.
01:18:08.360
You'll get more trial experience there than anywhere else in the world.
01:18:12.620
If you join a private firm, you won't see the inside of a courtroom for years.
01:18:16.320
If you're a public defender, you'll be in a courtroom all day, every day of the week.
01:18:19.880
Often they're the best lawyers, but they are way overworked.
01:18:23.160
Instead of having one client or five clients at a time, they have 50 or 100.
01:18:26.900
it's unmanageable and so so i'm guessing more people can be put in jail like unjustly then
01:18:33.900
because they're that's part of the process they just don't have the time so you know a trial is
01:18:39.420
a war it's a battle and just like any other war how many resources you can bring to the fight
01:18:44.240
matters right if you had two nations and one of them had a million people and one of them had a
01:18:48.360
hundred million people it's not hard to predict who's going to win right that's an interesting
01:18:53.580
by the way the prosecutor knows this right the prosecutor can see whether or not you have a
01:18:57.580
public defender or an expensive private lawyer he knows how many resources you have wow it's
01:19:02.860
so interesting because we grow up thinking that the justice system is fair and i i guess it's
01:19:08.060
probably more fair than some parts of the world item that would i think it's the best system
01:19:12.620
anywhere yeah but it still has profound defects yeah because it's run by humans right so
01:19:18.460
So do you think that money buys freedom, then, by that?
01:19:24.220
I think it's better to have more resources than fewer resources, for sure.
01:19:34.720
Is there anything else important that you think the audience should know about self-defense?
01:19:38.700
Yeah, they should get my free book, Law of Self-Defense Principles.
01:19:47.920
Get it at lawofselfdefense.com slash free book.
01:19:53.700
It's five-star rated, but don't buy it on Amazon because they'll charge you,
01:19:57.160
I think it's $20 or $25 for the book, plus shipping and handling.
01:20:00.640
We only ask you to cover the cost of sending the book to you.
01:20:03.060
The book itself is free, lawofselfdefense.com slash free book.
01:20:08.160
That is the best marketing that you can read it in the afternoon
01:20:11.600
because people that don't read will still get it.
01:20:17.920
Okay, well, tell the people where they can find you, too, YouTube, Twitter.
01:20:25.120
I am on Twitter, but mostly it's like political opinion,
01:20:28.220
so I don't know if I can encourage people to do that.
01:20:30.440
But you can find me on Twitter, Law Self-Defense, at Law Self-Defense.
01:20:37.620
We're on other social media, but it's all marketing people doing that stuff.
01:20:40.840
I'm not on there personally, so I don't really know what those people do.
01:20:43.980
lawofselfdefense.com is the website slash free book for the free book well thanks so much for
01:20:50.220
coming out and being our first in person it's a nice studio right so i get like a number one
01:20:56.040
medallion or something no maybe we'll you know we could have like um someday we could have like a
01:21:01.080
wall signing or something for people that come i don't know but all right guys thanks so much for
01:21:06.680
watching please make sure you like the video and subscribe on your way out and also if you guys
01:21:11.360
want to see me imagine imagine that I could interview Chauvin or some of these guys that get
01:21:17.920
that the whole media is against butt pearl the only way I can do that is if I have a lot of you
01:21:24.200
on the audacitynetwork.com so please go there like the video on your way out and subscribe
01:21:30.160
to the channel bring that notification bell and I will see you next time