Rebel News Podcast - Off The Cuff Declassified： Police response justified, Illegal immigration, Peter Fonda

00:00:00.000 Today on Up the Cuff Declassified, a controversial police shooting in East Pittsburgh, Pennsylvania.

00:00:05.440 Police shot a young black man in the back, but might it have been justified? 0.87

00:00:09.180 Law enforcement expert Ben Manish joins me to discuss the detention and arrest process

00:00:13.860 for illegal aliens. We're going to debunk a lot of bad information. President Trump signs an

00:00:18.700 executive order eliminating those child-parent separations at the border, or did he? And Peter

00:00:28.060 Fonda gets a pass for disgraceful tweets that I believe would have gotten any conservative

00:00:33.880 permanently banned from Twitter.

00:00:41.900 Protests in East Pittsburgh, Pennsylvania after the police shot and killed 17-year-old Antoine

00:00:49.700 Rose. Now, at first glance, if you don't dig into the fact pattern of this case, it looks bad. You've

00:00:55.560 got a 17-year-old fleeing a car stop, fleeing a car stop, and a police officer, worn into

00:01:04.520 duty only hours before, irresponsibly, draws his firearm, shooting and killing this innocent

00:01:14.000 17-year-old kid. Shot him in the back, slaughtered him in the street, presumably for no other reason

00:01:21.200 then he was driving while black and so terrified of the police that he was running away. But that's 0.99

00:01:28.140 not the fact pattern of the case. That's the media's fact pattern of the case, but it's not the real

00:01:35.560 fact pattern of the case. Now, the usual suspects are out there. The Black Lives Matter crew, the

00:01:41.760 National Action Network, Al Sharpton's people, they're all screaming and yelling and making noise.

00:01:45.140 We expect this after a police-involved shooting. We expect it. There are people saying,

00:01:52.960 he murdered him in front of my face as demonstrations began outside of the police station in East

00:01:58.620 Pittsburgh. Signs, end police violence now, and people said they had videos of the incident. But

00:02:03.840 here's the problem. Here's the problem. They're not giving you the fact pattern. Now, the family

00:02:14.700 attorney, a guy named D. Lee Merritt, the Rose family attorney, said, quote, from all accounts,

00:02:19.020 he was a generous, hardworking, and highly promising student. Affirmations of his generosity of spirit

00:02:26.000 and genuine good-heartedness have begun pouring in from all corners of the East Pittsburgh community

00:02:32.100 where he lives. Now, I'm not going to besmirch the dead, but the fact pattern of the case

00:02:40.140 betrays the honor student narrative that, of course, is starting. But what is the fact pattern

00:02:47.380 of the case? Well, let me read this. This is from Fox News. There's a lot of local news.

00:02:53.340 Here's where the rubber meets the road, okay? Investigators said Wednesday that the car stopped

00:02:59.120 in East Pittsburgh matched the description of a vehicle being sought in a non-fatal shooting

00:03:05.500 in a town a few miles away. An East Pittsburgh officer, who has not been identified, was taking

00:03:12.420 the driver into custody when two passengers, including 17-year-old Antoine Rose, ran off.

00:03:21.740 Investigators have said Rose was shot three times. They said nobody fired a weapon, a weapon at the

00:03:27.260 officer during the stop, and the team did not have a weapon on him. However, however, Allegheny Police

00:03:35.480 Department Superintendent Coleman McDonough said, quote, an investigation revealed that the shooter

00:03:42.160 in the original non-fatal shoot fired nine .40 caliber rounds at the victim from a passing vehicle.

00:03:49.440 The victim also returned fire. Two firearms were recovered from the vehicle from which Antoine

00:03:59.260 Rose fled. The vehicle that Antoine Rose was sitting in had bullet holes in it. Now, now, anything

00:04:09.800 is possible. But the likelihood in East Pittsburgh, Pennsylvania, of two vehicles of identical make,

00:04:18.580 model, year, and color, and color, having occupants that match the description of those who shot someone

00:04:26.460 from a vehicle of that make, model, year, and color. And that vehicle also has bullet holes in it from the

00:04:34.040 return fire of the victim of the first shooting. The likelihood of there being two cars like that

00:04:40.480 driving around each Pittsburgh are pretty slim. So, the police officer had probable cause. He pulls the vehicle

00:04:47.800 over. He goes to arrest the driver. Two others in the vehicle flee. Two others suspected of trying to kill

00:04:57.060 someone. Doesn't matter that the shooting was non-fatal. Does not matter. Now, Merritt, the victim's

00:05:04.840 family, the alleged shooter shot by the police's family's attorney, wrote, he said, quote, we know very

00:05:12.060 little about the circumstances surrounding his death at this early stage. We must emphasize that rumors

00:05:18.000 of him being involved in a separate shooting are unsubstantiated, not untrue, unsubstantiated.

00:05:26.020 We know that he was not armed at the time he was shot down, that he posed no immediate threat to anyone.

00:05:30.700 That isn't necessarily legally true. And I'm going to read you the Supreme Court decision,

00:05:36.300 which most likely justifies the officer's action in just a moment. We know that he was not armed at

00:05:43.500 the time he was shot down. Also doesn't matter, according to the United States Supreme Court.

00:05:48.100 That he posed no immediate threat to anyone. Could analyze all that. And that, significantly,

00:05:54.020 the driver of the vehicle he occupied was released from police custody. The officer involved in this

00:05:59.920 shooting had just been sworn into the Pittsburgh PD roughly three hours before this encounter.

00:06:04.740 Now, a lot of falsehoods in that statement. He was an East Pittsburgh police officer,

00:06:11.160 not a Pittsburgh police officer. And yes, he had taken employment with the East Pittsburgh PD

00:06:15.940 recently and was sworn into that department. But he had been a police officer in neighboring

00:06:21.540 departments since 2011. The cop had seven years on the street. Not a cop with a few hours on the

00:06:26.680 street. But the media is not telling you that. These facts, without more, simply leave very little room

00:06:33.340 to justify the use of deadly force by this officer. Additional information concerning the background of

00:06:39.380 the offending officer and the facts available to him at the time of the shooting is needed as we

00:06:42.860 determine the appropriate action in this matter. Now, I will say this. Typically, typically,

00:06:48.520 these attorneys are screaming for the officer's head on a pike and the officer to be impaled on a 1.00

00:06:53.560 stick in front of their police station. This attorney is actually being pretty professional.

00:06:58.620 I got to give credit where he did. Look, he's hired by the family to represent their interests.

00:07:02.460 But I think in that context is a very fair statement. He's not vilifying the cop. He's

00:07:08.860 simply saying right now it doesn't look good. He reports of my client's son or nephew, whatever

00:07:16.420 this kid is, being involved in the shooting are unsubstantiated. He's not saying he's the greatest

00:07:21.060 kid in the world. He's not. He's just saying, look, we don't know enough. Right. And it looks

00:07:24.840 really bad and we're going to take some kind of action. We don't know enough. So in the grand

00:07:29.080 scheme of attorneys that do this kind of thing, I got to give this guy merit some credit. He's not

00:07:33.300 he's not out there. You know, trying to create riots, but they're starting to happen. And you can

00:07:39.780 see this predominantly African-American by crime. Now, here's the problem for those saying the police

00:07:46.640 tried to randomly kill or the police randomly kill this child for no reason. The pesky Supreme Court

00:07:54.080 case decided in 1985, argued in 1984 of Tennessee v. Garner, considered a 1985 case. Now, let me read

00:08:03.240 you Tennessee v. Garner's summary. A Tennessee statute provides that if after a police officer has given

00:08:12.880 notice of an intent to arrest a criminal suspect, the suspect flees or forcibly resists, the officer may

00:08:20.700 use all necessary means to effect the arrest. Acting under authority of the statute, a Memphis police

00:08:26.640 officer shot and killed a Pelly respondent, Garner's son, as after being told to halt, the son fled over

00:08:32.140 a fence at night in the backyard of a house he was suspected of burglarizing. The officer used deadly

00:08:38.360 force despite being reasonably sure the suspect was unarmed and thinking that he was 17 or 18 years old

00:08:44.020 and of slight build. The father subsequently brought an action in federal district court

00:08:48.640 seeking damages under 42 U.S. Code 1983 for asserted violations of his son's constitutional rights.

00:08:57.460 The district court held that the Tennessee statute and the officer's action were constitutional,

00:09:02.960 but a court of appeals reversed, and it went to the Supreme Court, and the Supreme Court ruled.

00:09:12.080 The Supreme Court ruled, and this is the decision of the opinion of the court.

00:09:18.020 The case requires us to determine the constitutionality of the use of deadly force

00:09:23.340 to prevent the escape of an apparently unarmed suspected felon. We conclude that such force may not

00:09:31.800 be used unless it is necessary to prevent the escape, and the officer has probable cause to believe that the suspect

00:09:41.480 poses a significant threat of death or serious physical injury to the officer or others.

00:09:51.560 And that is the crux of this case in East Pittsburgh because Antoine Rose was suspected in a shooting.

00:10:04.140 It doesn't matter how it looks after the fact. It doesn't matter how you feel about it, how I feel about it,

00:10:08.740 how the Rose family feels about it, how the residents of East Pittsburgh feel about it.

00:10:13.720 All that matters is that the split second, the exact moment that that officer pulled that trigger,

00:10:23.000 all that matters is whether or not in that split second, that fraction of a millisecond,

00:10:30.040 that officer believed that the person fleeing posed a threat to the public.

00:10:36.680 And it is reasonable, reasonable to believe that a person sitting in a vehicle that just,

00:10:46.440 that was suspected, the vehicle used in a crime, a shooting, and the person in the vehicle was one

00:10:51.000 of the suspects in that shooting. It is beyond reasonable for a police officer to think that

00:10:56.560 person poses a threat to the police officer or to other innocents. And that's why, according to the law,

00:11:05.620 forgetting the optics, depending on how it looks, that this shooting appears to be justified.

00:11:11.660 Now, the court went on and they wrote a lot in this case because it really, this case is a very important

00:11:17.620 case. It gives the government the right to basically kill you if you're fleeing in unarmed.

00:11:21.920 And so they wrote other things. Let me find you some other relevant points here. The court wrote back in

00:11:28.000 1995, the use of deadly force to prevent the escape of all felony suspects, whatever the circumstances,

00:11:33.620 is constitutionally unreasonable. It is not better that all felony suspects die than they escape.

00:11:39.660 Where the suspect poses no immediate threat to the officer and no threat to others, the harm resulting

00:11:44.000 from failing to apprehend him does not justify the use of deadly force to do so. It is no doubt

00:11:50.320 unfortunate when a suspect who is inside escapes, but the fact that the police arrive a little late

00:11:54.920 or a little slower afoot does not always justify killing the suspect. A police officer may not see as

00:12:00.800 an unarmed, non-dangerous suspect by shooting him dead. The Tennessee statute is inconstitutional insofar

00:12:06.880 as it authorizes the use of deadly force against such fleeing suspects. It is not, however,

00:12:15.220 unconstitutional on its face. The court is saying that the Tennessee statute that was the

00:12:20.760 statute in question in this case has elements that are unconstitutional. And this is the very

00:12:27.280 important part. It is not, however, unconstitutional on its face. Where the officer has probable cause

00:12:35.000 to believe that the suspect poses a threat of serious physical harm, either to the officer or to

00:12:42.680 others, it is not constitutionally unreasonable to prevent escape by using deadly force. Now, remember,

00:12:52.100 Antoine Rose and his buddies are in this car, shoot at a guy, the guy shoots back. The officer

00:12:59.820 had no way of knowing if Rose and the other guy fleeing were going to finish that guy off.

00:13:06.140 He had probable cause to believe another was in danger. I'm saying he, because they haven't even

00:13:12.580 identified the gender of the officer. I read or I glanced over it, but I'll, I'll, uh, uh, for the

00:13:19.440 officer. Okay. It is not constitutionally unreasonable to prevent escape by using deadly force. Thus, if the

00:13:25.860 suspect threatens the officer with a weapon or there is probable cause to believe that he has committed a

00:13:33.320 crime involving the infliction or threatened infliction of serious physical harm, deadly force may be used

00:13:41.920 if necessary to prevent escape. And if where feasible, some warning has been given as applied in such

00:13:51.040 circumstances, a Tennessee statute would pass constitutional muster. And this then became the

00:13:58.300 law of the land when the Supreme court rendered its decision. So let's think about that fact pattern

00:14:04.700 again, right? In this East Pittsburgh case, there's a shooting. People call 911. This is the make model

00:14:12.780 and year of the car. This is what the occupants in the vehicle looked like. The guy shot at shot back.

00:14:20.080 There are bullet holes in the vehicle. Short time later, police officer on patrol sees a vehicle matching

00:14:26.360 the make model and description with suspects in the car, matching that description, bullet holes in the

00:14:30.220 vehicle. The felony car stop now. Remember the statute, right? Statute says, if there is probable cause to

00:14:37.740 believe that the fleeing suspect has committed a crime involving an infliction or threatened infliction

00:14:41.720 of serious physical harm to another. So now the cop is pulling over this vehicle, believing that those

00:14:49.360 within try to shoot and or shoot and kill somebody. One is in custody, not being arrested. The other two flee.

00:15:00.220 Deadly force may be used if necessary to prevent escape. Supreme court says it in black and white,

00:15:09.220 in black and white. And this is what the problem is going to be for the social justice warriors in

00:15:15.640 this one. A very, very big problem for the social justice warriors in this one, because this police

00:15:22.660 officer remembered his training from the police academy. He remembered procedure. He remembered

00:15:29.040 constitutional law. The law on this is clear. Cop didn't even have to know for a fact that Antoine

00:15:38.420 Rose pulled the trigger on the other guy, the guy who shot back at the vehicle. Cop didn't have to

00:15:44.920 know that. Supreme court says the cop only, the standard of suspicion, we call the levels of suspicion,

00:15:53.880 mere suspicion, reasonable suspicion, probable cause beyond a reasonable doubt. The police officer only

00:16:01.520 needed probable cause, which he had. He had that. He had a detailed description of the vehicle,

00:16:07.480 bullet holes in the vehicle, descriptions of the suspect, two gun suspects, two guns in the vehicle.

00:16:13.200 One gun apparently matching the caliber 40 caliber used in the previous shooting. And I'm assuming the

00:16:22.180 officer could tell those weapons were fired. You could smell you. You'd be able to smell that

00:16:25.440 your training and experience as a cop. You add all that up, you add all that up and the officer's

00:16:31.780 actions directly comport with Tennessee V. Garner, 1985. There's no debate about this. There's no gray area

00:16:41.940 about this. The officer's actions comport with the statute. They were entirely, entirely constitutional.

00:16:51.400 But the social justice warriors won't care about this. They'll riot. They'll burn their neighborhoods 0.82

00:16:55.680 down. And we don't know anything about the background of this Antoine Rose, the kid shot. Now,

00:17:01.020 look, it's always tragic when a 17 year old is gunned down by the police, which even more tragic

00:17:06.260 are the circumstances that kid put himself in. Why was he in a vehicle that was shooting at somebody

00:17:13.240 else? Well, people in the vehicle. Why was he in a vehicle with people that were shooting at someone

00:17:17.100 else? Or was he among those shooting at someone else? We don't know. But if he was, why? Why? And

00:17:22.680 what led, what happened in his young life that led him to be with those kinds of people in that kind of

00:17:30.820 environment? What happened? We don't know. We have no idea. But those are the questions that need to be

00:17:39.520 asked before we start with the honor student narrative. Now, people in the neighborhood are

00:17:45.660 doing what you expect. Quote, he shot that boy three times in the back while I was watching. I

00:17:49.140 already talked to the police and everything. That boy was murdered. He had no gun, nothing. My kids was

00:17:53.480 outside. I told my kids to go in the house. And I see them have the car pulled over and they shooting

00:17:58.220 the boy just running. Didn't have no. He just ran. Running is not a death sentence. That's why I'm glad

00:18:03.380 they blocked the street off in protest because that cop murdered that boy. He murdered him in front of

00:18:07.520 my face. Well, I don't fault this guy. This is a guy named John Leach, neighborhood resident, because

00:18:16.080 what he saw looked that way. I don't fault Mr. Leach for not understanding the statute of Tennessee v.

00:18:21.620 Garner. I don't fault Mr. Leach for not knowing the facts of the case, for not having information,

00:18:27.460 the police officer had at that moment, right? Police officer had more information on previous

00:18:31.540 shooting, knew the car matched the description, bullet holes, suspect match. Police officer had

00:18:35.280 the training, seven years of experience, the training in constitutional law, knowing that

00:18:40.020 Tennessee v. Garner gave him the legal authority to shoot a fleeing felon, knowing through experience

00:18:44.740 on the street that oftentimes in what looks like a gang related shooting or a personal beef related

00:18:50.120 shooting, those fleeing might be going back to finish off the other guy.

00:18:53.680 Optics only matter to a point. Oftentimes they don't matter at all. Oftentimes they don't matter

00:19:00.700 at all. And in this case, optics simply do not matter one bit. What matters, the only things that

00:19:10.000 matter, the only things are what led up to the car stop, what was in the officer's mind, what the

00:19:17.200 officer believed when pulling that vehicle over and what the officer most critically, what the officer

00:19:23.940 believed at that split millisecond, he pulled that trigger. And I truly believe, I truly believe that

00:19:29.900 officer felt that those two fleeing suspects presented a grave threat to the public. He remembered his

00:19:38.140 training, he remembered his case law, constitutional law, and he made a very, very tough, very, very tough

00:19:46.040 split millisecond decision to fire his weapon. I believe it was justified. We're going to find out

00:19:52.640 soon enough, but I believe, reading all the facts of the case, I believe the shooting was legally

00:19:58.560 justified. And you can bet your bottom dollar that shooting a 17 year old is going to haunt this cop for

00:20:04.220 the rest of his life and haunt them for the rest of his life. But I see right now, I sit here and

00:20:10.040 bring you this, this shooting to me appears to be legally, constitutionally justified.

00:20:27.440 So much going on this week in the law enforcement sphere. We've got a lot of misinformation about the

00:20:33.020 way illegal immigrants are detained or arrested, their children are separated. We've got lunatics 1.00

00:20:38.520 like Peter Fonda making threats against the son of the president of the United States, sons and 0.98

00:20:43.420 daughters of federal agents. We have White House officials being doxed, ICE agents being doxed,

00:20:49.420 their personal identity, their personal information being released on social media. Here to make sense

00:20:54.040 of it all is law enforcement expert, former federal and local law enforcement officer, my good friend,

00:20:59.220 Ben Manis. Ben, thanks for being here this morning.

00:21:01.500 Ben Manis. It's always good to see you, John. How are you?

00:21:03.240 Always great to see you, my friend. All right, let's jump right in. I want to get into

00:21:06.220 the misinformation. Now, the president signed an executive order that basically reverses this

00:21:11.420 policy of separating families at the border. But that's not going to be enough for the left. We

00:21:15.620 both know that. They're going to be crying about something else in, I don't know, about 15 and a half

00:21:20.100 minutes. So for the audience's edification, let's you and I, two guys that work the street,

00:21:25.300 talk about the process to arrest and detain somebody, whether they be an illegal going

00:21:32.800 into federal custody or an armed robber going into local custody. Cut through, Ben, for me,

00:21:39.080 because you explained it very, very nicely when we were chatting offline. Cut through the fact,

00:21:43.460 cut through the fiction and give us the facts.

00:21:45.320 So whether or not one person agrees with the fact that, you know, what is or is not a crime

00:21:52.520 exists, if it is a crime, someone has to get arrested for it. If they do get arrested for

00:21:58.760 it, they're required to show up in court. The problem with the immigration situation right 1.00

00:22:03.640 now is for years they were doing this catch and release policy. So when people were getting

00:22:08.120 arrested, they were like basically saying, all right, show back up for your immigration hearing.

00:22:11.980 And they were sending them out into the country and they weren't showing up.

00:22:15.900 So when President Trump started his zero tolerance policy, the idea was, no, we're going to hold

00:22:21.540 them and assure that they make at least the first appearance or two in front of an immigration judge,

00:22:27.100 especially where asylum is claimed, because everyone, you know, says I have asylum issues,

00:22:33.500 which should be reserved for physical danger or religion, not economic prosperity and corruption,

00:22:39.420 which is the big problem in Latin America right now.

00:22:41.540 Right. And Ben, asylum. And I thought Homeland Security Secretary Kirstjen Nielsen did a very

00:22:45.220 good job at explaining that if you present yourself to a border checkpoint and seek asylum,

00:22:50.220 you're not going to be removed from your kids. Your family's not going to be separated.

00:22:54.140 That happens when you try to come across the border at night in between checkpoints, i.e.

00:22:59.740 illegally.

00:23:01.180 Yeah, which is extremely dangerous for the kids involved, not to mention the fact that they

00:23:06.060 don't even have to go to a border checkpoint.

00:23:08.300 If you're in another country, like a war-torn country, like when we were in Bosnia or what

00:23:13.120 have you, you could literally walk into a U.S. embassy or consulate.

00:23:16.700 Right, you could do it in your country, right.

00:23:17.940 Yeah. So, you know, there are lines in your hometown. You don't have to make a 2,000-mile

00:23:23.340 strife-ridden journey in precarious situations where, you know, your kid is at risk, which ends

00:23:31.120 in, if it's in the Texas side, crossing a, you know, rapid river with your children.

00:23:37.600 Through cartel country.

00:23:38.640 Yeah, through cartel country.

00:23:40.180 So, I mean, when you think about the issue being conflated, and that's what we're really

00:23:44.100 looking at here right now, if any person, if you were caught, you know, out on A1A,

00:23:50.740 drunken driving, and you had your kid in your next seat, right?

00:23:54.000 That, you would have to be arrested. And that kid is not going into the cell with you,

00:24:01.500 because guess what? Then that kid is exposed to the dangers of a correctional environment.

00:24:05.740 That's right.

00:24:06.000 So, last night, President Trump signs an executive order to keep the families together,

00:24:10.840 which is going to entail building. We have to now figure out a way to create family detention

00:24:16.620 centers. Now they have to create a jail where people are all separate so that the kids can't

00:24:23.800 get victimized, which is just ludicrous when you consider it was done to basically appease

00:24:30.980 a, you know, a media firestorm created by people who wouldn't care less. And how we know about this

00:24:38.400 is Michelle Brané, who's the director of Migrant Rights and Justice Program for the Women's Refugee

00:24:44.740 Commission, was quoted in NPR yesterday saying, you know, this executive order effectively creates

00:24:50.960 family prisons, which we already know is a threat to the well-being of the child.

00:24:54.680 Well, you knew they were never going to be happy. But you know what? Listen, let them.

00:24:58.700 Let them go there, because now the left is going to have to reveal their true colors

00:25:02.640 that they don't want any illegal detained. And I hope they go there. See, I think this was smart

00:25:07.780 politics on the part of the Trump administration. I'm going to talk about it later. You sign this

00:25:11.640 executive order that you know won't hold up in court against the 97 law that says kids can't spend

00:25:16.820 more than 20 days in detention with adults. Then a federal judge vacates the EO, and you throw it

00:25:22.340 back on Dems and say, come up with a legislative solution. This was your guy, Bill Clinton's 97 law.

00:25:27.580 I think that's the long game the Trump administration is playing here and that Homeland Security is

00:25:31.400 playing. But I guess that'll be seen once this gets in front of the federal judge.

00:25:35.100 Well, I want to point something out that is really important here, which is, you know,

00:25:40.280 he's already offered, you know, in a legal bill, not an executive order, a bill that would become

00:25:46.620 law forever. He's already offered over a million people to get amnesty.

00:25:52.540 It was like 1.3 or 1.8.

00:25:54.460 Which is more than any of his Democratic predecessors.

00:25:57.100 Right, because he put poison pills in there knowing it was a smart move, right? They put poison

00:26:01.140 pills in there. But I think the president, I was talking about this yesterday, I think the

00:26:04.840 president could present that same bill to Democrats today. They take it or leave it. I gave you

00:26:09.480 DACA, gave you DACA. Yeah. My wall's in there. Take it or leave it. That's your best offer.

00:26:15.340 He's got to pull the Michael Corleone and Godfather II at the Senate.

00:26:17.800 Almost nowhere else in the world outside the EU would a wall be a non-starter because you have

00:26:23.740 to control your points of entry. Look, every country in the world separates families and detains

00:26:29.140 children. We're the convenient scapegoat. Canada does it. Canada does it for

00:26:34.660 months and months and years and years. But it doesn't even have to be immigration

00:26:38.920 based. If you simply take yourself out of the argument that you don't believe immigration

00:26:43.300 should be enforced, which is ludicrous in its own right, because 17 years ago when we

00:26:47.740 were worried about terrorism because of 9-11, we were locking down our borders, you know,

00:26:53.020 thinking there may be terrorists trying to get through our southern borders. But let's leave

00:26:56.940 that alone for a second and think anyone. If you had someone lock their kid in a hot car and

00:27:02.620 walk into a Walmart, right, you would want that parent arrested, right?

00:27:07.880 Anybody would. This is this is silly. This is silly what they're trying to push on us. 0.98

00:27:12.680 This is moronic. If you go into a drug house and there's one parent there and the dad lives 0.99

00:27:17.880 in another state, he said, I left the mom because she was a drug addict. I'm coming to get my

00:27:20.820 kid. The kid's still got to go to social services while the dad makes his way across the country.

00:27:25.200 That's right. You don't leave the kid at home and say, hey, kid, here's a bottle of water

00:27:28.920 and happy. That's reckless endangerment. But see, that's the point. The point I'm making is we

00:27:33.900 shouldn't, as a country, be creating laws and executive orders just to meet one political

00:27:40.900 issue at a time, because laws like you and me know from enforcing them are forever. And a good

00:27:46.760 example of that is, you know, you look at some of the state laws are coming out. New Jersey this week

00:27:52.120 passed a gun law saying they're going to have universal background checks. Well, guess what? New Jersey

00:27:58.020 already had that because there's no private sales that are legal in New Jersey. So what are we

00:28:02.800 talking about? But, you know, 17 people shot in Trenton. That never happened, right? 20.

00:28:08.640 20. At last I saw 22 injured, 17 as a result of being shot. Yeah. I mean, that's the joke. The

00:28:15.340 joke is Trenton, you know, New Jersey has some of the highest gun laws in the world. We're not

00:28:19.040 like going that far off track. But the point I'm making is Governor Phil Murphy, who is an empty

00:28:23.860 suit. He's all about left wing talking points. Well, he's John Corzine 2.0, a multimillionaire,

00:28:31.280 if not billionaire, Goldman Sachs guy, far leftist run for governor. Yeah. I saw how Corzine went down

00:28:36.480 in a blaze of glory. Yeah. We'll see. So he comes in. He says, I want universal background checks. I

00:28:41.300 want magazine bans. It's already in different laws. He's just creating new laws with the different

00:28:47.360 labels. So he wants his name on something. That's all it is. We're creating, you know, laws and

00:28:51.840 executive orders basically to say, okay, you're right. And it's, as we can see by that comment

00:28:57.400 from NPR, it's just not working. No, we need to carefully consider our laws in this country.

00:29:04.920 We need to have honest discussion. Let's switch gears. I want to talk about

00:29:08.660 this doxing that we saw. I mean, this is out of control. The left is out of control. Peter Fonda

00:29:15.480 calling for people to surround the schools where the, where the children of federal agents go to

00:29:22.420 scare the children's and families calling for Baron Trump to be ripped from his mother's arms and put 0.99

00:29:28.360 in a cage with a pedophile. Let's forget, let's forget that that was a threat against the son of 0.99

00:29:34.000 the president of the United States. Peter Fonda should have been arrested. Let's forget that.

00:29:37.820 Or at least investigated. Well, he was investigated. We do know that the office of the first lady

00:29:43.200 notified the secret service and the secret service did investigate. We know that. And they will

00:29:47.680 interview. That's without question. We know that. But he still has his social media account. He still

00:29:54.000 has his Twitter account. How about that? If you posted that, if I tweeted that, if I tweeted that,

00:29:59.260 if any other conservative tweeted that, our accounts would have been permanently banned from Twitter.

00:30:05.520 Anthony Cumia is on his fourth Twitter account. Yes, that's right. Seriously. Yep. And what has

00:30:12.220 he said that's anywhere near threatening the life of, you know, the president's son? How about this?

00:30:18.540 You know, Roseanne loses her job. We talked about it before. I'm not a big Roseanne fan,

00:30:22.900 but the next day, a woman not only calls the first daughter, uh, the C word, but insinuates incest. 1.00

00:30:30.780 Yeah. And she still has a Twitter account and a national show, but it's, it's a double standard. 0.95

00:30:36.020 So tell me about this doxing. There's this guy, Sam Levine. He's out there doxing federal agents,

00:30:41.080 putting their personal information up online, putting them and their families at risk. Give me,

00:30:45.780 give me the facts of this case. So Sam Levine is an adjunct professor at NYU. He's also a guy who's

00:30:52.620 a gamer. He creates a video games. Sam created a database. Uh, what he did was he had a program

00:30:59.860 comb LinkedIn profiles, professional profiles, and he created a database of 1500 and change,

00:31:07.040 um, ice agents, people who notified ice as an employer on their social media accounts. And I'm

00:31:13.600 not talking social, social, like Facebook, I'm talking LinkedIn professional accounts.

00:31:17.260 Right. Um, and then what he did was he, he put it on Antifa pages on, um, Reddit and other places

00:31:24.720 that were hostile toward federal agents. And, you know, I can't tell you how absolutely dangerous

00:31:31.600 that is. Um, not just for the fact that, uh, you know, these are law enforcement officers, but

00:31:38.040 Sam Levine and most of the people reporting like the, the border issue right now have no idea what ice

00:31:45.900 does. And first things first, ice is a parent agency in 2002, the agents of the immigration

00:31:53.160 naturalization service and customs merged to create ice. Now they have divisions, DRO,

00:31:59.320 which is detention and removal. Those are the guys down on the border right now.

00:32:02.840 And HSI who does everything from kiddie porn to the smuggling of nuclear weapons into this.

00:32:09.000 HSI basically has the same mandate as the FBI. HSI has a very broad investigative mandate.

00:32:14.400 It stands for Homeland Security Investigations, very broad mandate. We've got CBP customs and

00:32:19.340 border protection. We've got the border patrol. We've got immigration and customs enforcement

00:32:23.080 all fall under the department of Homeland Security. Most you're right. The ice people are the guys at

00:32:29.620 the airport. They're targeting the wrong people. Well, to make it simple, if you think of like HSI,

00:32:36.140 you think of anything being smuggled into the United States and these are by the way,

00:32:40.360 they were the old customs agents. If people remember them as US customs, that became HSI.

00:32:46.700 But when they split the detention removal agents up with the HSI agents, guess what they were doing?

00:32:52.420 Fighting human trafficking and sex worker trafficking and basically modern day slave trades.

00:32:58.240 Listen, I worked with those guys on the sex offender work I did. They are some of the most

00:33:03.260 talented investigators out there and the most knowledgeable because like you say, a lot of

00:33:07.060 stuff originates offshore. It was always their mandate. And I have two fraternity brothers

00:33:11.380 on that job. And I'll tell you something right now, John, they don't work in a uniform on a border.

00:33:19.320 These guys do undercover work on occasion. So now their name and picture is out in the world because

00:33:25.200 here's the thing. If you have a different name and an undercover identity and you're working in that

00:33:30.380 capacity, LinkedIn isn't something often screened by the people you're under with. Now they have a

00:33:37.580 little database they could go to.

00:33:38.880 Oh, yep. Yep. Now this guy put lives at risk. Will he face any repercussions for this?

00:33:44.240 It's a good question. That's something I honestly want to see. Now, first,

00:33:48.160 will he face employment repercussions from NYU?

00:33:51.180 Probably not. That's the furthest left place on the planet.

00:33:54.500 And he's an adjunct. He's probably making a sharp three to five grand a semester.

00:33:58.700 Exactly. That's not the biggest deal here. But we need to take a strong stand against this is the

00:34:04.920 same thing with Chelsea Manning. Chelsea Manning went to jail because not because she's sharing 1.00

00:34:11.000 secret information, because the secret information she was sharing was, you know, identities of foreign

00:34:18.020 operatives. That's right. Put lives at risk. They get killed. So, I mean, the first time, you know,

00:34:23.560 someone dies over this stuff, it becomes serious. But I would like it not to become that serious.

00:34:28.700 I'd like people to take it seriously enough to, you know, bring Sam Levine to justice. And it's

00:34:34.320 the same thing as what we see with all these cameras on these cops these days. When a cop is

00:34:38.760 doing their job and their face is now on national TV, that cop could never work undercover.

00:34:43.580 Never work undercover and rarely can work in those areas. It's a great way to move into what I wanted

00:34:48.660 to talk about next. You're in Philadelphia. You're in Pennsylvania. Caddy corner across the state,

00:34:53.240 many miles away, but still in your state. Great town. Over in East Pittsburgh, we had a shooting

00:34:58.460 of a 17-year-old. And I talked about this in my first segment, but I wanted to get your opinion.

00:35:03.100 Now, brief back pattern of the case. Dynam Antoine Rose, 17, is in a vehicle. Earlier,

00:35:10.160 a vehicle matching the exact make, model, year, color description of that vehicle is involved in a

00:35:15.580 shooting. Occupants of the vehicle in which Rose was in allegedly shot at another guy. That guy shot back.

00:35:20.960 When the East Pittsburgh police officer pulls over the vehicle in which Rose is in,

00:35:25.340 he sees make, model, year, color matching and bullet holes in the vehicle, as well as occupants

00:35:30.400 matching the description of the shooters. He goes to an effect. He does a felony car stop,

00:35:34.780 goes to effect an arrest on the driver. Two others flee. Rose being one. The officer fires three

00:35:40.440 times, hitting Rose in the back. He kills Rose. Uproar, riots, the usual suspects, Black Lives Matter, 0.94

00:35:46.760 Al Sharpton, New Black Panther Party, all going nuts. Streets in front of the East Pittsburgh

00:35:50.800 police station have to be closed. Then, you read, Tennessee v. Garner, 1985 by the U.S. Supreme Court.

00:35:58.980 Look at you.

00:35:59.400 It says, then, it is not, they talk about the Tennessee statute.

00:36:05.660 Court basically says, the Tennessee statute is unconstitutional in so far as it authorizes the

00:36:11.960 use of deadly force against such fleeing suspects. Such, in that context being, those suspects not

00:36:18.420 involved in a violent crime. Court goes on to write, it is not, however, unconstitutional on

00:36:24.800 its face where the officer is probable cause to believe that the suspect poses a threat

00:36:29.100 of serious physical harm, either to the officer or to others. It is not constitutionally unreasonable

00:36:35.560 to prevent escape by using deadly force. Thus, if the suspect threatens the officer with a weapon,

00:36:41.020 or there is probable cause to believe that he has committed a crime involving the infliction with

00:36:46.820 a weapon, or there is probable cause to believe that he has committed a crime involving the

00:36:51.240 infliction or threatened infliction of serious physical harm, deadly force may be used if necessary

00:36:58.160 to prevent escape. And if where feasible, some warning has been given as applied in such circumstances,

00:37:06.260 the statute would pass constitutional muster. So to me, Ben, you got three guys in a car suspected

00:37:13.240 in a prior shooting, non-fatal shooting, but a shooting. They're running. The cops said, stop.

00:37:18.680 They don't stop. He fires. I'd say his actions comport with this statute pretty much to the letter,

00:37:24.180 with this Supreme Court decision pretty much to the letter.

00:37:27.260 Yeah. So what the Allegheny County District Attorney and the Pennsylvania Attorney General Josh

00:37:31.660 Shapiro are going to take a very hard look at is did that officer who, by the way, unfortunately,

00:37:37.760 it was only his first day off of field training. No, it wasn't. I just dug into that. He's been

00:37:42.860 a cop since 2011. He was on his job. He transferred. Yeah, he was on the job for a few weeks and they

00:37:48.840 just got around to swearing him in. He was certified. He just transferred over. Guy's been on the job

00:37:52.740 since 2011. That was another false narrative. Thank you for showing that the media was wrong

00:37:57.520 on this again. Yeah. So this poor cop comes up on a scene. What the DA and the Attorney General

00:38:05.240 are going to take a hard look at is did he reasonably, did he have the reasonable belief

00:38:10.740 that there could have been weapons on those fleeing suspects? So you had the bullet holes. You had the

00:38:17.400 fitting of the description. You had the fact that it was a shooting. They were fleeing.

00:38:21.240 That's right. If you're running from something that serious. If you're running for something

00:38:29.720 that serious, you better put your hands up and say, I am not armed because that officer will have

00:38:37.480 the reasonable, you know, determination. Even if you're not armed, though, Tennessee B. Garner says

00:38:42.920 the police can shoot because they don't know if you're going to get a gun and finish off the guy

00:38:48.180 that you shot previously. No, that's absolutely right. But what I'm telling you is that split

00:38:53.340 section decision. He obviously didn't get into the car and search it yet. Right. He had three

00:38:59.080 suspected shooters. He didn't know they were armed or not. Exactly right. So so when one's going to run,

00:39:04.920 you have to treat that person like he's armed. And that's what happens when you resist arrest.

00:39:09.560 And I'll tell you, in Pennsylvania, we've had some good case law in that matter.

00:39:14.040 And Philadelphia, a year ago, we had a situation where a guy was armed. He was on an ATV.

00:39:21.020 Cop goes up to stop him because that's an illegal vehicle. He runs. He reaches for the gun.

00:39:26.920 I remember this case. Yeah. At this time, the officer, Philadelphia officer, shoots.

00:39:31.540 But the weapon misfires. When the officer takes his eyes off the target to rechamber his weapon.

00:39:39.260 The the suspect dumped the gun. He didn't see it. The body cam showed he didn't see it. And that's

00:39:44.940 why Attorney General Shapiro didn't press charges. And sure. Sure. The point I'm making is if you have

00:39:51.000 a gun and you run and you reach for it, what do you expect is going to happen? Hey, if you shoot

00:39:57.320 somebody and you run, what do you expect is going to happen? Exactly. Ridiculous. And it was even a 0.54

00:40:02.300 case where a carjacking occurred the day after a Philadelphia officer was shot. This is back in 2008.

00:40:08.480 But it made big news because the news helicopter caught a pretty vicious beating. The officers were

00:40:14.760 laying on the suspects when they finally got the car cornered. And the D.A. at the time, Lynn Abraham,

00:40:22.040 did not prosecute the officers. And the reason was these guys just committed an armed car

00:40:27.280 jacking and drive by shooting. The officers now had to stop these guys who were running and

00:40:33.020 resisting. And they were in a car with cops could have shot them. Look, I had a case like that when

00:40:38.360 we're running out of time. But I had a similar case. I was sued for excessive use of force for

00:40:43.000 wrestling with a guy knocking him through a glass table and he got caught up. The judge summarily

00:40:47.820 dismissed the claim. He goes, the guy had a gun in his hand. The judge said to the family, you're lucky

00:40:52.440 they didn't shoot and kill him in your apartment. And he dismissed the claim. He said, that was the

00:40:56.840 least of your worries that they broke your glass table and cut him up a little bit. Thank you.

00:41:01.640 Yeah, exactly. It was like, we just shut our mouths. Thank you, your honor. And we left.

00:41:05.320 Ben, ran out of time, my friend. It's always a pleasure. Really informative stuff. We'll speak

00:41:08.760 soon. Good talking to you. Good to see you again soon. Thanks, brother. Take care.

00:41:12.280 Good to see you again soon.

00:41:42.280 Or came across illegally and put the child in danger. And of course, it's going to cost

00:41:46.340 us some money now to put these people together, the kids and the parents. I don't have a problem

00:41:50.480 with that. But I think there's a longer game the White House is playing. There's a 1997

00:41:54.660 law, as I briefly touched on with Ben, that says that children cannot remain in adult detention

00:42:01.040 for more than 20 days. And I suspect, usually pretty good with this kind of analysis, I suspect

00:42:08.700 the Trump administration did this for a couple of reasons. Number one, they had to take the heat 0.83

00:42:12.700 off of Homeland Security Secretary Kirstjen Nielsen. Now, we saw she was protesting in a restaurant. 1.00

00:42:17.800 We've spoken a little bit about that. These protesters went into a Mexican restaurant where

00:42:21.260 she was having dinner, disrupted her dinner, screaming things at her. We saw a congressional

00:42:26.520 intern scream expletives at the president of the United States. Well, it turns out that the person

00:42:31.480 who, one of the people from the Democratic Socialists of America who decided to insult the Homeland Security

00:42:39.000 Secretary at dinner and drive her from the restaurant, actually worked for the Department of Justice. 0.99

00:42:43.660 I'm not even going to say the woman's name. I don't want to give her any more attention.

00:42:47.860 That indicates a whole new series of problems in our DOJ. But I think that the game here with this

00:42:52.900 executive order was to restore some goodwill toward the Homeland Security Secretary, because I believe

00:42:57.780 the president likes her, thinks she's doing a good job. Optically, he had her right over his shoulder

00:43:02.420 when he signed the executive order. He turned around and he said, great job, good job, or great job.

00:43:07.300 But she's really back in the president's inner circle now. But I think the longer game here,

00:43:14.160 as I touched on with Ben earlier, is the president signs his executive order. Someone is going to

00:43:20.900 challenge it, a very conservative group is going to challenge it in court, a taxpayer organization who

00:43:26.120 doesn't want to spend money on these facilities for parents and children, is going to challenge it.

00:43:31.040 And presumably, a federal judge is going to say to the president, you can't sign an executive order

00:43:35.860 that violates an existing 1997 statute. So I'm throwing out this executive order. Trump turns around

00:43:41.840 and says, hey, I did what I could do to put these kids and their parents back together. It was a Bill

00:43:47.360 Clinton Democrat law. Hey, Democrats, this is on you. Here's my proposal. It's the same one as

00:43:52.560 before. You get DACA. I get my wall. Let's put a provision and keep the parents and kids together

00:43:58.280 and stop talking about immigration. And we start building the wall. Democrats don't do that.

00:44:05.920 They are going to be I don't think Democrats are going to win in the midterm. I think Republicans

00:44:09.360 are going to do great because people in their living rooms and at their kitchen tables and at the

00:44:13.460 water cooler at work, chatting on their cell phone with their friends in the car, talking about the

00:44:18.100 economy. Yeah, they're talking about immigration, but they're really talking about their own bottom

00:44:22.360 line, talking about the economy. And so if the Democrats don't finally realize where the minority

00:44:28.000 party we got to give on immigration here, I think that it's a disaster for Democrats in the midterms,

00:44:32.960 especially since Trump showed a willingness via executive fiat to put these families back together.

00:44:39.320 And I would I would love to see the Democrats pick this hill to die on. I want to switch gears

00:44:44.900 and talk about the disgraceful tweets by Peter Fonda. Peter Fonda is issuing an apology. Now,

00:44:52.860 we all know that this apology is bogus. We know that we know this apology is simply the result of

00:44:58.340 him being told by Sony Pictures they're releasing a film to apologize. If you haven't seen the tweet,

00:45:03.540 I he deleted them. I don't want to read them. He called for Barron Trump to be ripped from Melania

00:45:08.680 Trump's arms and thrown in a cage with a pedophile. He called for the schools where the children of 0.98

00:45:13.640 federal agents go, DHS, ICE agents, to be surrounded and the kids terrorized and the parents made to

00:45:18.920 live in fear. He's a terrible, terrible, terrible guy, Peter Fonda. I mean, you want to attack

00:45:25.000 political figures? Fine. You want to attack Donald Trump? Fine. You want to attack the Homeland Security

00:45:28.560 Secretary? Fine. You want to attack me? Fine. Attack any adult? Fine. But little children calling for

00:45:35.280 children to be put in cages with pedophiles? What kind of sick individual is this? Now, Roseanne Barr said 0.99

00:45:41.840 something far less about Valerie Jarrett. It was racist. It was reprehensible. Roseanne says she 0.99

00:45:46.500 didn't realize it was racist. I believe her, but it did come off that way. She lost her show, the top

00:45:51.280 rated show on television. Conservatives make one off color comment, one inappropriate comment on social

00:45:57.220 media. Their accounts are permanently banned. Peter Fonda calls for the son of the president of the

00:46:03.180 United States and forget that it was even the president's son. Calls for a child to be abducted,

00:46:10.420 ripped from his mother's arms, and raped by a pedophile in a cage. He then calls for the children 1.00

00:46:14.980 of federal agents to be terrorized. Eh, no big deal. He issued an apology. Let's move on. Twitter didn't

00:46:21.600 even suspend his account for five minutes. If you don't think the double standard against conservatives

00:46:25.800 is real, I would advise you to look no further than this Peter Fonda case.

Rebel News Podcast - June 21, 2018

Off The Cuff Declassified： Police response justified, Illegal immigration, Peter Fonda

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