Speaker 1: 0:00

This is arrested with Mike Brooks and Atlanta criminal defense attorney. Damn conaway. Thank you for joining us on arrested with your co host, Mike Brooks and criminal defense. Thirty day account away. We've been talking about the, the protests and a damage to property, possibly attempted burglary by a group of protestors at CNN, at CNN and Fox News host. Uh, he would, he wouldn't like that very often, very much. A at Fox News host Tucker Carlson's house in Washington DC. And we've been talking about, uh, some of the things that happened that night, a number about 20 protesters outside his house. They were hollering and screaming. Somebody hit his door, throw themselves against the door, cracked the door damaged his car and arch is symbol in his driveway. And it's interesting. Dan said something else I wanted to bring up before we get back talking about why this is being looked at as a possible hate crime by the Metropolitan Police Department, but one of the leaders of smash racism DC that was there were up there with some Antifa folks as well. A guy by the last name Issacson. Did you know that? He appeared on Tucker Tucker Carlson tonight in September 2017 where he justified the use of violence against political opponents, but said he quote would never commit violence against carson personally. Whoa. Isn't that interesting? That is interesting. Yes it is. And I'm sure that's something that, uh, the metropolitan police investigators are going to want to talk to him about, but um, but the metabolic police, they are looking at this as a possible hate crime. And I, back in early nineties, I actually formed, I put together the hate crimes unit for the Metropolitan Police Department. And one of the things as when I used to investigate hate crimes as they're looking at right now is what is the motivation behind this possible hate crime? Well, they believe that the motivation behind this particular crime is quote, anti political bias.

Speaker 2: 2:19

And what's interesting about that, Mike, is that the DC statute is broader than the federal hate crime statute. Interesting. Because it does not include that category. So what's nice about that, what's good is that DC has potentially shown away to again, allow for all manner of speech. Right? I don't care whether you're on the left or on the right or center or wherever you are. That's great. Go speak. Exercise Your First Amendment Rights, but do it peacefully. Right. Exactly. And invoking violence and threats and actually using violence against a person because you don't like what they say is not protected by the first amendment.

Speaker 1: 3:00

No, no, no, not at all. And, and another thing is I predicted by First Amendment is criminality and that's what they engaged in when they were at Tucker Carlson's house. If they had just stayed out on the sidewalk and hollered and screamed and with period systems or anything else that they had, they would have been perfectly fine with it.

Speaker 2: 3:21

Shoe, we think you're a racist. We hate your views on immigration. We think your immigration views are wrong, you know, Yada Yada Yada. That's great.

Speaker 1: 3:31

Yeah. You know that speech. That's exactly what I mean. You know, they, they were talking about, you know, we know where you sleeping at night, blah, blah blah and all kinds of different speech. Yeah. You know, that's, that's the threat that, that is, that is, that is definitely a threat. And then when you said it could be a attempted burglary when you went, when somebody's cracked the front door where they tried to get into the house, sure. Seems that way to me. It scared his wife. She ran it a cupboard. Yeah. She, she ran a pantry and hit and she was scared to death. But when the DC police department on their incident reports, most of it's done by computers now. Back when I started up the hate crimes unit, we changed the report back then it was blocked number 18. And no matter if it were for a, a petty larceny, um, uh, any kind of, any report that was taken by a member of the Metropolitan Police Department as you're going through the report, you know, you got to complainants name or the reporting person, their address, all the particulars, elements of the crime or whatever happened. But when you get to block number 18, it said hate crime, yes or no. And that had to be checked on every police report. Well, they've changed it around a little bit and, and that now they have it as a hate or bias crime. And on this particular report they said there was, it was a, it was a hate or bias crime motivated by political, uh, with how they exactly put it motivated by anti political bias.

Speaker 2: 5:10

And that makes so much sense because they can, it goes back to a suppressing or trying to intimidate others into nonspeaking because what they're doing is they're, the threat is very clear. It's Tucker Carlson, you better shut up. You better stop talking. We don't like what you're saying, we disagree with you and therefore we're going to use violence and the threat of violence to both you and your family to shut you down. Exactly. And by the way, anybody agrees with her, her Carlson. Because Tucker Carlson is a powerful individual. Exactly. He's wealthy. He works for Fox News. So if you're Joe Schmo and you just happen to agree with Tucker Carlson, well then too bad for you, right? Because if we can do this, Tucker Carlson, just imagine Joe Schmo but will do to you. Exactly. And that's the problem.

Speaker 1: 6:01

Exactly. You're listening to arrested with cohost Mike Brooks and Dan way on a new talk. One is at seven. Well Dan, I can tell you, you're talking about the hate crime statute in DC, you know, it covers, it covers the normal, you know, race, you know, cree bulb of eight, you know, whether you have any disability, you know, whether you're gay, lesbian, transgender, excellent Jewish, Asian, Muslim, whatever, and it also has matriculation, which is basically being part of groups. So let's say you had someone, a girl scout standing out in front of a standing in front of the safeway selling her girl scout cookies during the cookie drive time and someone comes up and says, you know, I f and hate girl scouts and puzzles, puzzles the hell out of that. Poor girl actually hits the girl. Yeah, I mean don't say it takes a. He told me one larceny. I love girls just for the record. I love girls. I do too. But that could also possibly be classified as a hate crime because you'll be part of the group because she's part of the girl scouts

Speaker 2: 7:05

and, and perhaps the person doesn't like what, what they perceive as what the girl scouts stand for. Exactly. So it's the same problem.

Speaker 1: 7:12

Right? And there also is a, is an enhanced penalty for, uh, for hate crimes within district, the district of Columbia. So whenever the, the base crime is, if they lock somebody up, they go to trial a, they're found guilty. Then whatever, if it's a, you know, is if it's 10 years, that can be another time and a half plus there is a, there is a civil route to go and sue the person who was. Well civil remedy.

Speaker 2: 7:43

You know, what's interesting about that is that that's what was used years ago by the southern southern poverty law center to go after the KKK. Yup. I remember that. And so it can be the same issue here. And again, the problem with this is that it's the old thing of the ends. Justify the means. Yeah, exactly. And that's wrong. And it doesn't. Again, it doesn't matter whether it's on the left, on the right or the up the down. We don't care. Right? You cannot have a free society with free speech for all. If one, if one group can decide that there ends their goals, justify whatever means they feel are necessary including violence. Exactly. That's not free speech.

Speaker 1: 8:27

Well, you know, I, I went with all this stuff with Antifa and all the demonstrations and destruction of property and criminality that they're involved in Iran around the nation. You know what I was just thinking, could it be possible to go after that group for a federal rico violation, racketeering influenced corrupt organization. Is that a possibility? I would just think just thinking. Yeah,

Speaker 2: 8:54

it's possible. I'm on several fronts.

Speaker 1: 8:56

It's funny. When and he came to Georgia, they ran into a ga statute where the police came around and told them they had to remove their masks. Exactly. And that was originally set up for the KKK. Right. The ultimate irony. And here's Antifa who are saying, oh, we're against the KKK, but we want to keep on our mask. Right? No, you can't do that because that way if free speech is partly about identifying who you are. Funny you mentioned that there is now actually a pending bill with, with, with that is in the Homeland Committee on Capitol Hill. And it said basically the Antifa bill that, uh, that makes it a federal offense to wear a mask or a hood during the demonstration, which it should be after. Absolutely. I, I'm, I'm totally for that. For the bags back, I'm for it. It was for the cake. Shut them down. And attentive has behaved violently. Shut them down. You can't hide behind a mask. No, you can't. Well, Dan, great. Great stuff. Great stuff on this weekend. So again, we'll see you all right. Back here next Saturday on arrested with your cohost Mike Brooks and criminal defense, three day kind of way.

Speaker 3: 10:14

Thanks for listening to arrested with Mike Brooks and Atlantic criminal defense attorney Dan conaway. Well, this show provides general information. It does not constitute legal advice. The best way to get guidance on your specific legal issue is to contact a lawyer. For more information or to schedule a meeting with an attorney, please visit conaway and strickler.com.