The opposite of that and if or rather when the president deploys the us military inside the United States to keep his version of peace many are now asking is that even legal or was it another one of those protections that democrats and republicans in Congress Gave away in their post 911 war on terror to destroy our constitution and bill of rights these are important questions that we need to start asking and lets find out as we start watching honks. Was going on a cd you straight to the letter so lets see see this is this you always state sales are always. Great seeing displays systemic dissent says the late show which. So when the real. Welcome were going to watch it. Hawks i am tired of winter and i want to cry. And joining us now to discuss the many legal ramifications of president Donald Trumps new zealand to unleash the u. S. Military on main street as the host of americas loyal lawyer my pap and tony and mike always a pleasure thank you for joining us. Mike i want to start by asking you the obvious can donald trump illegally unleashed the u. S. Military on protesters is posse comitatus is that act still valid. Well the act is valid but theres exceptions to the act one of them is the 8 its 1807. 00 it was a general purpose kind of element that was used to to get around what with the restrictions were the posse comitatus of course says you cant use military and domestic soul but heres what happened you had they they had to get the Klu Klux Klan under control down south so they said were going to make some exceptions here they sit in the federal troops there that was the 1st time it was used them in l. B. J. Used to in essence dollars used it george bush has used it so absolutely trump is going to be able to do what hes threatening to do theres no question here and theres some triggers though tyrrell one trigger is is you have to say has the governor as of a state asked for it has the legislature of a state asked that the military brought in or if they havent is there such unrest that Constitutional Rights of individuals are at risk and they seem incapable of protecting those Constitutional Rights then trump can do that sue a sponsor he can send them in and you know look. This the Bigger Picture here this is this is all a show you know youve got youve got call rove in the in the white house right now call rove you might remember is one of the people that put together really atwater program for winning the south and when they went in the president ial election for Ronald Reagan and more importantly. It comes lee out were winning for nixon in the biggest landslide that the country has ever seen the purpose of what he did they were saying this is this is a replay completely theres a wonderful book out. Its called mix in the land nixon land again and Rick Perlstein wrote nixon land and he described how nixon swept the election and in 72. 00 biggest turnout ever by americas middle class white middle class labor class showed up because they were terrified what were they terrified they were terrified with the demonstrations the riots that they saw on the street they were terrified with the weathermen they were terrified with the black panthers they were terrified by what they were seeing on the news every night and so what what nixon did isnt braced all that and he said look im going im going to use that to win the white house the biggest turnout ever from Middle America showed up trump is using that same thing to go forward and you know what the bad news is its probably going to work you see biden right now slightly ahead trump if he does this just in to use the same playbook that has been used in the past youre going to have a terrified mom and pop Middle America that are going to show up theyre going to be theyre outraged by the Counterculture Movement taking place in america just like Rick Perlstein described in his book nixon when its a big threat so can he do this yeah hes not only chant he do this he must do this in order to stay with his playbook. That was an awesome description mike and i feel like there are so many people that gave credit to donald trump for being new and innovative and it seems like a lot of his ideas weve seen republicans run the playbook for once again in previous years and then to switch gears just a little bit and get on to Something Else you know that many of the right wing pundits and supporters of the president are citing the insurrection at 1807 how do you think this will be used to justify a military response in the protests and does it actually hold legal weight. Yeah it does and weve seen it used historically heres the balancing act that the this 1807 issue comes in. It comes into it comes into this question is that do we have Constitutional Rights that are being affected by the average citizen where where we can say that those Constitutional Rights are being so affected that it trumps it trumps the right to assembly and the right to free speech its what we call is part of what we call our Police Powers and right now if you look at the facts if you had to argue in trial of an Appellate Court you would be arguing look we have a policeman being shot policeman shot in back of the head just the other day property on fire entire cities basically a blaze if you follow the media youve got city blocks that look like theyre burning down if you follow the media you have bystanders being shot so the question comes down to this does the right assume to assemble does that is that stronger than the right for the president to say look i dont care how i dont care what the issue is you have Constitutional Rights of people that dont have a dog in this fight that are being affected and because of that im going to send in the military he has a lot of latitude here a lot and as i say if you follow his playbook this speech that he gave in the rose garden go back and take a look at some of the speeches that Richard Nixon gave where he talked about unrest he scared the bejesus out of mom and pop he said this is going that we have people want marching in the streets we have a drug culture thats out of control we have all of these things that are taking place in if you dont vote for me youre going to have youre going to have this number audit this liberal number that has to correct all this problem and it works you know work like i want to so. I want to jump in and just ask you you know if you are arguing against the president s use of you know martial law and putting you know u. S. Soldiers on the streets if you were arguing against that if youre the lawyer on the other side how would you argue against that i would argue. I would make a states right argument i would say listen we have governors and we have legislatures that made those decisions theyre closer to the issues they understand the local issues they understand the nuances of what goes on the Police Departments they understand the nuances of how the public reacts to certain elements of day to day life so your best argument is to say how dare you federal government. To come in here and tell a state that we dont have the good sense in minnesota for example we dont have the good sense to gate to gain control over this problem we have legislators that have been elected to do that on the governor i was elected to do that that is the argument between states rights and the feds thats that would be the strongest argument to me i think i have a very strong argument quickly i want to also ask you to weve seen tear gas being used quite a bit in the last week now tear gas in a war zone is completely illegal thats complete considered a war crime how are u. S. Police forces being allowed to use something thats illegal in war like tear gas on our citizens left and right it seems like yeah unfortunately unfortunately tear gas is used all over the world its a big industry the tear gas industry makes good zillions of dollars selling tear gas everywhere from jinnahs whalen to hong kong to the United States and you know what its been explored by the a. C. L. U. The a. C. L. U. Is what at least half a dozen lawsuits saying look heres the problem with tear gas its indiscriminate you know even what you do is you affect old Young Healthy unavailable the you affect people who have a dog in the fight and people who dont and because of that a display indiscriminate nature its too dangerous to allow it that argument has been made at least a half a dozen times the United States by the a. C. L. U. And other human rights organizations and its lost its been made around the world and its lost most countries allow tear gas right now even though its a complete contradiction what you say is correct you cant it is considered a war crime if you use it in a war said. Its amazing that we can get away with war crimes on citizens because that argument that you just laid out just seems to keep losing it absolutely blows my mind mike i want to thank you so much for coming on today and giving us your perspective on these issues that are affecting all of us here in the United States and will affect everyone around the world thank you so much sir. Thanks for the invitation. All right as we go to break remember that you can also start watching the hawks on demand to the brand new portable t. V. App available on all platforms and coming up my friends we begin the statistics behind Police Brutality in the United States and our to americas bridges broke blevins later joins us to discuss what u. S. Lawmakers are considering to do in order to bring accountability to Law Enforcement gone wild state to watch the whole. Thing is right there. Where i did but it could be a mistress right now. Its hard to convincing me. To a minimum wage he can be recruited by again and sell drugs and make hundreds of dollars a day. Still intros listeners addiction so when a person is still throws it seems youre. Saying if you dont have the know how. Its fine to say this clueless idiot lifestyle is going to fail. They cant find housing somewhere else because they have a criminal record. Jobs because of a criminal record so they dont have the money for that community anyway. They do not want black people to be equal they might want one black or they want one black famous person they want one black abyss and one black. You know with the yeah you. Know whats a clip of she will be no use to you. But then when its always the case it was a. Moment. You know you didnt see me to. Take you through just the mood at the things built up by the smiths in the bush and if they do get into that kind of thing. Yes. Yes. Eric garner Michael Brown mcdonald to me or writes walter scott writing great jim our quark. Sterling the lando. Castille step on clark bottom john. Taylor and george lloyd say their names remember their names theyre more than just hashtags and their lives mattered Police Brutality is so ingrained in American Society that it deserves its own strike on the us. Despite calls for justice from blacks whove been treated as 2nd class citizens for hundreds of years in the land of the free in the home of the brave those in the highest places fail to listen and blacks are fed up tired of being hunted in our own communities targeted because our skin bear to be millan needed but even with all the facts many across america fail to fully grasp Police Violence that permeates this country protest over George Floyds murder have now gone on for over a week protesters have been met by curfews Police Officers in riot gear armored tanks in the streets and all of the fixings of a militarized zone though the cop seen with his neil boys nick has been arrested and charged the 3 other officers who assisted him have not this may seem abnormal to some of these but its painfully reoccurring though there is no comprehensive official database for tracking Police Violence there have been efforts at the federal level to change this but data compiled by researchers paints a picture that many taking to the streets know all too well last year more than 1000 people were killed by police according to mapping Police Violence a Research Group black people are disproportionately murdered but the most startling find is that 99 percent of killings by police from 2030 to 2019 have not resulted in officers charged with a single crime 99 percent cops shoot and kill choke and kill beat and kill and get off without a single charge nearly 100 percent of the time only Police Officers can get away with killing people in large number and barely ever being charged for it steep hurdles to conviction often keep prosecutors at a distance and qualified immunity protects them why is bringing charges against cops the 3rd rail and what can we do to change this. I mean should you summed it up right there that question should be whats being asked over and over and over and over and over again in the media and all of our Public Discourse but were not seeing it we hear we see more about you know people talking about the right way to protest in the media seems all focused on the looting in the scattered violence and all that but there are ignoring the real root causes correct absolutely in the level of frustration is really high as it should be because we see it and im asking the cell phone footage in some cases weve seen the video cam from the officers themselves showcasing this yet those officers face no state penalties they dont even get charged for anything they walk away many of them are even put on real leave others who are just move on to another policing into a couple of towns over and people are fed up for good reason and its amazing too when you look at those numbers that you mentioned about those being charged i mean when you when you break that down that is incredible to me when you see that you know what is it like a nearly 100 percent of cases in which theyre not even charge me when they pull the trigger thats thats insane absolutely and its very its very frustrating its something that many in the black community assumed was happening now we have data to actually back it up that in the majority of cases if you are able to walk free what does that say to the next officer who commits a bylane act how does this stop excessive use of force how is this in any way tailing a lot of the balance that were seeing across across Police Policing in teens and across communities of color specifically if there is no real penalty to you for your actions no and the tragedy of it is not like we didnt see this coming i mean i i was working at our to burst youre working here was one ferguson happened you know and its like you thought like after that round you know the whole well came out would see some accountability and all they really did was they threw kind of technological marvels at body cams that we didnt really get to the root problem the problem with and i like that you brought up body cams is that weve seen that those dont work either body can. Are only as affective beneficient as the officer who turns the body cam on even in cases where it is always seen that there are defenses that are made for officers who use Excessive Force and those officers still are not charged with anything the body can industry has done nothing but put money in the pockets of the lobbyists who are actually pushing to happily think its easy to use them they are not stopping by less they are not preventing violence and they dont want to sure arent helping the black community or saving individuals who are going to die if Police Continue to act in the way that they are and you know realists this is a problem too is that look its also good since the government investigating government which you and i both know it hates to do it never wants to be held accountable you see that left and right in todays world you know they want to push it off on everybody else but you know any time you get government trying to investigate government youre always going to see not everyone is going to get charged not everyone is going to get laid off over and over and over again and that the most pressuring part for me here is that its not just not everyone is nearly no one were talking about 99 percent of people not getting charged at all i cant think of any other entity in the country aside from possibly the military itself where you could take out this many people on a regular basis and not a thing go penalty it just breaks my heart and that is all because of these laws that set up to protect police are they mostly put in place a group of Police Unions and that kind of things are were seeing happen and yes Police Unions are extremely strong there they are designed to not only protect Police Officers but also to protect the city in many cases from further investigation once a Police Officer commits one of these acts so Police Officers pretty much run free and clear because the unions are so strong behind them that they basically give them credence to go off and murder again soon over and over too because its like i look at it like this how much acts of violence that weve seen these police that show up just like storm troopers committed against the protesters i mean how many more reporters got to lose and how many more you saw in philadelphia where you had the whole why the folks up against highway bateman on the grass just get blasted with tear gas left and right when you want to be held accountable for the problem. After a weeks worth of massive protests across the nation calling for criminal justice and Police Reform it appears that finally some lawmakers i know whats shocking are actually taking the not so subtle hint that something needs to be done lawmakers a few lawmakers have now finally stepped forward and are actually proposing reforms and hopes to reduce the number of americans killed by police to impact the ways police and to impact the way as Police Respond to the protests are going to be some answers well are to americas great blabbing this joins us now to give us the latest on rachel what lawmakers are trying doing to try to make changes in the interest of Police Reform and hopefully which might bring these protests to a peaceful conclusion if they actually make these reforms well at the heart of these nationwide protests there are of course calls for Police Accountability and a lot of advocates are saying that one of the most basic things that they can do is to end a decades long practice that has been going on where Police Officers face no liability for their actions whatsoever so in response to that independent congressman justin amash is set to introduce legislation called the ending qualified immunity act now he released a statement about that in which he said quote the brutal killings of george floyd is merely the latest in a long line of incidents of egregious Police Misconduct this pattern continues because police are legally politically and culturally insulated from consequences from violating the rights of the people who they have sworn to serve now weve seen numerous multimillion dollar settlements after citizens were abused or even killed by police but in those cases its always taxpayers footing the bill so it makes you wonder if Police Officers actually had to face a financial liability for their actions when they think twice before resorting to violence good question and racial you know this this whole segment has been completely depressing for various reasons im looking for you tell me something good right now what do you think about the fight to keep records. Police misconduct what is the latest there not quite to the good news yet but of course when we look at the case of george floyd we see 4 officers who were fired but only one officer has been charged and because as you talked about earlier we dont have a National Database for Police Misconduct in this country so a lot of times even when officers are fired or even when they are charged they go on they join a new Police Department or in some cases theyre even rehired by their Old Department and we do have a few examples of that to look out which were compiled by the freethought project and when we look at some of those cases we see that in arizona officer Philip Burroughs faired was fired and charged with murder in the shooting death of Daniel Shaver shown on video and 2016 he was then acquitted and rehired by the mesa Police Department in 2018 and told oklahoma officer betty shelby was charged with murder in the shooting death of Terrance Crutcher also shown on video in 2016 she was found not guilty and then hired as a sheriff in Rogers County and 2017 and in Salt Lake City utah Detective Jeff Payne was fired in 2017 after a viral video showed him violently arresting nurse alex wobbles for doing her job he faced no charges and then was hired by the weather county jail and 2019 you see all of these cases where they were viral videos and yet they still went on to work in the same industry now to maybe bring some remedy to the democratic senator cory booker has promised to bring legislation that would create a National Database for Police Misconduct so we could see some more accountability and hopefully transparency moving forward it doesnt blow my mind but that still hasnt existed that still hasnt been made and it doesnt exist theres also been concerns about the military gear you know the militarization of local police and weve seen it firsthand when responding to these protests as they were moved to change that i know of but we changed it after ferguson right exactly when you think back to when president obama was in office there was a lot of criticism about that 1033 program where local Police Departments were suddenly getting military quick. From federal agencies now in 2015 he did sign some restrictions for that program after you saw police in ferguson missouri who were using military equipment against Peaceful Protesters then president came in in 2016 and signed an executive order completely taking away those restrictions altogether and now we are once again seeing military police going after Peaceful Protesters so now democratic senator bryan schott says that he is going to introduce legislation to create an amendment that would go into the National Defense authorization act and what that would do is take away the funding for that program altogether so there is some hope that maybe well see some legislation moving forward as these protests continue i guess cleves finally made me. Thank you so much for compiling all that information and that is definitely other the most important stuff that we have to be looking at in the days moving forward to hopefully get these reforms and hopefully bring some justice to those that have died at the hands of police already body that bridge thank you rachael article and that is our show pure today remember everyone in this world we are not told that we are up and up so i tell you all i love you i am tyrone butter and im in the chicago keep on watching all those talks out there stay safe and have a great day and night but it. Is hard to take something from somebody if you dont have something to replace. The parts of this interview today that all these markets love and that they take me. Years ago in syria. So how can i tell you stop selling drugs if well have some to put the money back. They just mean all the way to life its almost been basically mccullers piece before. To us whats a good many security positions ive been in that. Day were jacked me again. You see people did all their cars and ill see you coming in the harness seems like theyll hurry up and run into the house like they dont want to they dont want to talk to your kids or miller or anything like that. Lets run low. And do this. Run just try read a. Chance give me. Probably the greatest success of the Civil Rights Movement was respect for Human Dignity all life mattered under the rule of law that was then but today the same concept has been turned on its head we were told to take a knee or face consequences social shany this be turned into a ruling ideology. We go to work so straight home. Is your media a reflection of reality. In a world transformed. What will make you feel safe. Isolation community. Are you going the right way or are you being led. Direct. What is truth what is faith. In a world corrupted you need to descend. To join us in the depths. Or a maybe in the shallows. Of no was a clip of she was no use to you. I knew my its always at the k. It was a historical moment and the late. Not so much you know he didnt see immediate. They can put us in the mood at the close pulled up by the smithsonian bashing here at the capital. City they say yes. Yes but. I know team. No shots. Actions speak. Well its true you know the 1st. Point ch your thirst for action. Demonstrates in paris hold a large anti racism protest in honor of george freud for the almost 9 minutes of solid condemnation of Police Brutality. London and samoan else theres a review of all statues and street that the city council is concerned about the links to slavery follows protesters toppling a monument to a slave trader in the u. K. City of bristol. Everybodys trying to shame us it being a barrister about our profession and us police said that all officers shouldnt be blamed for what months crime Law Enforcement turns into movements with unions and even cafes joining in