WEBVTT 1 00:00:00.520 --> 00:00:02.120 It's Night Side with Dan Ray. 2 00:00:02.799 --> 00:00:07.559 I'm WBS Costin's News Radio. 3 00:00:07.799 --> 00:00:11.400 Oh, welcome back everyone, and we want to welcome our 4 00:00:11.439 --> 00:00:17.120 great friend and legal guru, attorney Harvey Silverglade. Harvey, welcome 5 00:00:17.160 --> 00:00:18.280 back to Nightside. How are you. 6 00:00:19.679 --> 00:00:22.519 I'm fine, I'm fine. It's great to be back. 7 00:00:22.679 --> 00:00:24.679 You bet you. It's always great to be somewhere, that's 8 00:00:24.679 --> 00:00:28.440 for sure, Harry. A few weeks ago, of course, you 9 00:00:28.559 --> 00:00:33.920 remember the New Orleans attack on New Year's Morning in 10 00:00:33.960 --> 00:00:38.920 which an individual, shamsu Din Jabbar, rented a truck rammed 11 00:00:38.920 --> 00:00:41.280 it into crowds as they were celebrating New Year's Eve 12 00:00:41.880 --> 00:00:46.439 on Bourbon Street, killing fourteen people, injuring dozens of more, 13 00:00:46.600 --> 00:00:50.439 dozens more. And I think it is fairly agreed upon 14 00:00:50.479 --> 00:00:53.359 at this point that this guy had been radicalized by 15 00:00:54.640 --> 00:00:58.479 visiting some websites, some ISIS websites on the dark Web. 16 00:00:58.880 --> 00:01:03.840 And we talked about that at the Knights and took 17 00:01:03.840 --> 00:01:06.959 the position that our government needs to get more aggressive 18 00:01:07.120 --> 00:01:11.319 and find out who's frequently in these sites for what purpose. 19 00:01:12.439 --> 00:01:15.040 And you know, opened up a conversation and two or 20 00:01:15.040 --> 00:01:16.480 three of the calls, So what do you think, Harvey 21 00:01:16.480 --> 00:01:18.959 silvergle Thanks, I said well, I don't know, but we'll 22 00:01:18.959 --> 00:01:22.239 find out. So I'm just wondering. I'm sure you have 23 00:01:22.400 --> 00:01:29.079 some thoughts on how how we need to treat these 24 00:01:29.359 --> 00:01:33.959 individuals who are going through this radicalization process. And I 25 00:01:33.959 --> 00:01:36.079 don't care if for somebody going to kiddie porn sites 26 00:01:36.239 --> 00:01:39.040 or going to is of sites or going to ku 27 00:01:39.120 --> 00:01:45.120 klux Klan sites. You know. I just I'm trying to 28 00:01:45.200 --> 00:01:47.359 balance it in my mind, and I'd love to know 29 00:01:47.359 --> 00:01:49.280 what your thoughts of this on this is. 30 00:01:50.640 --> 00:01:56.200 Well, you know, I I always lean over toward the 31 00:01:56.239 --> 00:02:02.079 privacy of the First Amendment, of course, and and this 32 00:02:02.159 --> 00:02:07.400 is a hard case. The authorities have a right to 33 00:02:07.599 --> 00:02:15.280 monitor public websites, that is I think clear, yes, and 34 00:02:15.840 --> 00:02:19.639 so they can do that. They do not have the 35 00:02:19.719 --> 00:02:24.520 authority to monitor a telephone calls without a warrant m hm. 36 00:02:25.080 --> 00:02:33.439 So that is clear. They can do whatever they want 37 00:02:33.680 --> 00:02:37.759 within the bounds of the Fourth Amendment and the First Amendment. 38 00:02:41.759 --> 00:02:44.280 So satisfactory answer or not? 39 00:02:44.840 --> 00:02:48.759 Well, well, well that's a legal answer, which I think 40 00:02:48.840 --> 00:02:51.280 I understand, and I suspect that some of the audience 41 00:02:51.360 --> 00:02:54.639 might be a little bit fuddled by that. Let's let's 42 00:02:54.719 --> 00:02:57.319 deal with some specifics. Let's Let's do a couple of 43 00:02:58.439 --> 00:03:02.879 law class reviews here. So let's assume that they monitor 44 00:03:03.000 --> 00:03:05.000 and some of these sites are on what they call 45 00:03:05.120 --> 00:03:07.479 the dark Web. I don't think I know what the 46 00:03:07.599 --> 00:03:11.240 dark web really is, but I guess some people are 47 00:03:11.280 --> 00:03:15.879 able to get to these places which are not easily 48 00:03:16.120 --> 00:03:18.719 accessible as I understand it. And if you know more 49 00:03:18.719 --> 00:03:21.000 about it, or someone else knows more about the dark. 50 00:03:20.879 --> 00:03:24.639 Web, that's definition okay, so. 51 00:03:25.960 --> 00:03:30.439 They know, you know, the the FBI, for example, or 52 00:03:30.520 --> 00:03:33.479 any law enforcement agency can have somebody go look at 53 00:03:34.199 --> 00:03:35.919 the dark web and all of a sudden they see 54 00:03:36.000 --> 00:03:37.960 that there are people who are posting there, and maybe 55 00:03:38.039 --> 00:03:40.840 they can figure out who the people are. So my 56 00:03:41.039 --> 00:03:45.240 question is, okay, you see who's on there, you see 57 00:03:45.759 --> 00:03:49.719 what people are beginning to regurgitate what the dark web says, 58 00:03:49.719 --> 00:03:51.280 I mean the dark Web. I guess they have a 59 00:03:51.360 --> 00:03:56.039 right to promulgate whatever theories they want. But you know, 60 00:03:56.120 --> 00:03:58.280 in the case of the guy Dylan Roof down in 61 00:03:58.879 --> 00:04:04.199 South Carolina who women and massacred the older black men 62 00:04:04.280 --> 00:04:07.159 and women inside of a church after having prayed with them, 63 00:04:08.120 --> 00:04:11.479 if if somebody goes on some site and starts to 64 00:04:11.639 --> 00:04:15.199 spout thoughts and ideas or having been exposed to thoughts 65 00:04:15.240 --> 00:04:18.639 and ideas, Is it going too far for the FBI 66 00:04:18.800 --> 00:04:21.839 to say, let's let's let's do a little temperature check 67 00:04:21.920 --> 00:04:23.959 on this person. Let's let's go up and knock on 68 00:04:24.040 --> 00:04:27.000 the door and introduce ourselves and see if they want 69 00:04:27.040 --> 00:04:30.800 to talk voluntarily and tell us what they're doing. Anything 70 00:04:30.839 --> 00:04:31.279 wrong with that? 71 00:04:32.600 --> 00:04:36.360 Nothing wrong with that. The FBI can do that. They 72 00:04:36.439 --> 00:04:39.319 can even they can go further. They can follow this 73 00:04:39.519 --> 00:04:43.720 guy as long as they don't go into his house 74 00:04:44.040 --> 00:04:46.680 unless he agrees to let them go into the house 75 00:04:47.279 --> 00:04:48.959 in order to search it. 76 00:04:49.759 --> 00:04:52.720 So even let us say this individual is somehow I 77 00:04:52.759 --> 00:04:56.920 don't know, beginning to meet with other people, he decides 78 00:04:57.480 --> 00:05:01.519 or she decides to to begin to move around, the 79 00:05:01.639 --> 00:05:05.240 FBI if there, if they have some level of concern, 80 00:05:05.600 --> 00:05:08.879 it doesn't necessarily have to be probable cause, because they're 81 00:05:08.920 --> 00:05:12.360 not seeking any sort of a warrant, but they they 82 00:05:12.480 --> 00:05:14.839 do have the ability then to follow them and say, well, 83 00:05:15.199 --> 00:05:17.120 who they meeting with? Who are the other polks that 84 00:05:17.199 --> 00:05:19.639 might be involved in this is what I understand you 85 00:05:19.680 --> 00:05:27.480 to say, right right, Okay, at what point, obviously, what 86 00:05:27.720 --> 00:05:31.319 what the concern is is, how do you get to 87 00:05:31.519 --> 00:05:36.519 somebody who obviously has been radicalized, and and the FBI 88 00:05:36.680 --> 00:05:44.120 has said in regards to this case, radicalized. That's the 89 00:05:44.879 --> 00:05:48.120 the quote as a matter of fact from the specially 90 00:05:48.319 --> 00:05:53.639 Deputy Assistant f BI FBI Director Christopher Ray Raya Thursday 91 00:05:53.680 --> 00:05:58.920 set investigators is what. No, we're not We're not talking 92 00:05:58.959 --> 00:06:01.519 about Chris Ray the FBI director. There's another guy whose 93 00:06:01.600 --> 00:06:04.040 name is spelled r Aia so I was trying to 94 00:06:04.079 --> 00:06:07.879 miss trying to pronounce that name correctly. He's a deputy 95 00:06:07.920 --> 00:06:14.560 assistant FBI director. And he said there were five videos 96 00:06:14.680 --> 00:06:18.439 posted on Jabbar's Facebook account before the attack. In the 97 00:06:18.480 --> 00:06:21.360 first video, he said he originally planned to harm his 98 00:06:21.439 --> 00:06:24.639 family and friends, but was concerned the news headlines would 99 00:06:24.680 --> 00:06:27.439 not focus on the war between the believers and the disbelievers. 100 00:06:28.199 --> 00:06:31.680 Jabbar said he had joined ISIS before this summer. Let 101 00:06:31.759 --> 00:06:33.920 me be very clear at this point, this was an 102 00:06:33.959 --> 00:06:37.560 act of terrorism. Raya said it was premeditated and an 103 00:06:37.639 --> 00:06:41.120 evil act. Added the attack was one hundred percent inspired 104 00:06:41.160 --> 00:06:45.720 by ISIS. So do they have to just wait until 105 00:06:45.800 --> 00:06:50.839 this person does does this attack or can they As 106 00:06:50.920 --> 00:06:52.800 they follow him, they find that he's gone to a 107 00:06:52.879 --> 00:06:55.959 gun store and purchased a couple of AR fifteen's or 108 00:06:56.079 --> 00:06:57.240 AK forty sevens. 109 00:06:57.399 --> 00:07:00.360 Is well, if he's got a license to the for 110 00:07:00.480 --> 00:07:04.959 the guns, and they can't do anything. But if if 111 00:07:05.000 --> 00:07:07.839 it turns out that he does not have a license, 112 00:07:07.879 --> 00:07:14.120 they can arrest him, Okay, that they can follow him. 113 00:07:15.800 --> 00:07:19.639 Right, right, So they have to figure out. So it's 114 00:07:19.759 --> 00:07:22.439 not beyond the realm of possibility. What I'm trying to 115 00:07:22.480 --> 00:07:25.240 get at is, it's not beyond the realm of possibility 116 00:07:25.800 --> 00:07:31.720 that this action by this guy who was somewhat public 117 00:07:32.560 --> 00:07:38.639 with his statements that that this action might have been 118 00:07:38.720 --> 00:07:44.199 intercepted before it happened, correct, okay, and it could have 119 00:07:44.240 --> 00:07:49.959 been done without constitutional violations if done properly. 120 00:07:51.000 --> 00:07:54.839 To quote an old alphemism, the Constitution is not a 121 00:07:54.920 --> 00:08:01.560 suicide suit right precisely, not a suicide document site. There 122 00:08:01.600 --> 00:08:06.920 are limits, So is the FBI. 123 00:08:07.360 --> 00:08:10.439 Do you think at this point, and this is now 124 00:08:10.439 --> 00:08:13.720 we're going to get the speculative, So if you don't 125 00:08:13.720 --> 00:08:15.519 want to go here, that's fine. Do you think the 126 00:08:15.720 --> 00:08:21.120 FBI is actually being as aggressive as they should be 127 00:08:21.399 --> 00:08:23.439 in view of the number of these sorts of and 128 00:08:23.560 --> 00:08:27.279 I think about the Dylan Roofe attack, this guy who 129 00:08:27.480 --> 00:08:31.360 clearly was off his rocker. I think about some of 130 00:08:31.480 --> 00:08:36.399 the sex trafficking websites and the kitty porn websites. Do 131 00:08:36.519 --> 00:08:42.840 you think the FBI, and again, obviously it's it's almost 132 00:08:42.919 --> 00:08:46.519 the race ipseloqu with a situation that we see the result. 133 00:08:46.600 --> 00:08:49.519 They obviously were not aggressive enough with this guy. And 134 00:08:49.639 --> 00:08:51.960 I think there were plenty of signs with this guy Jabbar. 135 00:08:53.080 --> 00:08:55.559 Had they stepped back from where they used to be 136 00:08:57.240 --> 00:08:58.919 or do you think there's just so much of this 137 00:08:59.000 --> 00:09:04.720 stuff going on? They drinking from a fire hose, Well. 138 00:09:04.679 --> 00:09:07.960 I think the FBI could have could be more aggressive 139 00:09:09.360 --> 00:09:12.600 than they have been. Whether there's they're drinking from a 140 00:09:12.679 --> 00:09:15.279 fire hose, that just tells you that we need more Asians. 141 00:09:16.960 --> 00:09:21.720 Well, I think I think the there's I forget the number, 142 00:09:21.759 --> 00:09:27.000 but I think there's a lot of agents. I don't 143 00:09:27.080 --> 00:09:30.639 know how many more we need. But let's do this, 144 00:09:30.759 --> 00:09:34.279 let's let's let's take a break here and invite callers 145 00:09:34.320 --> 00:09:37.039 to call. Whatever their point of view on this is. 146 00:09:38.080 --> 00:09:41.519 I just think that so many lives were in ultimably 147 00:09:41.720 --> 00:09:46.559 changed on New Year's morning, Uh yeah, three point fifteen 148 00:09:46.720 --> 00:09:50.320 on Bourbon Street, and it could have had you know, 149 00:09:50.480 --> 00:09:54.679 the people's lives have changed, and what signs were missed. 150 00:09:56.120 --> 00:09:58.039 It just cries out to me, and I I don't 151 00:09:58.080 --> 00:10:00.679 want to you know, I want to be as respectful 152 00:10:00.759 --> 00:10:04.440 of the Constitution. I hope that they're monitoring these these 153 00:10:04.559 --> 00:10:09.159 kiddie porn websites. I mean, do you think that that. 154 00:10:09.879 --> 00:10:12.759 I'll ask you the speculative questions on the other side, Harvey, 155 00:10:12.840 --> 00:10:16.639 my guest is Harvey Silverglade, love to hear what you think. 156 00:10:16.759 --> 00:10:20.519 Six one, seven, two, five, four, ten thirty six one seven, nine, three, one, 157 00:10:20.600 --> 00:10:22.679 ten thirty. If you have a comment or if you 158 00:10:22.759 --> 00:10:26.480 have a question for Harvey, feel free to join this conversation. 159 00:10:27.120 --> 00:10:32.320 I think we are changing administrations in Washington. There's going 160 00:10:32.360 --> 00:10:35.559 to be a new FBI director at some point, whether 161 00:10:35.799 --> 00:10:39.039 whether his name is Kash Patel or not, it will 162 00:10:39.120 --> 00:10:41.519 be someone who might be quite different from what we've 163 00:10:41.559 --> 00:10:45.039 been dealing with for the last six or seven years. 164 00:10:46.679 --> 00:10:49.399 I just think this cries out. There's so much stuff 165 00:10:49.480 --> 00:10:52.039 going on and has gone on in this country, and 166 00:10:52.639 --> 00:10:57.120 most of these people, they exhibit signs, They talk to 167 00:10:57.200 --> 00:11:00.440 their friends, they tell us always to see something. If 168 00:11:00.480 --> 00:11:04.440 you see something, say something. And at the same time, uh, 169 00:11:04.799 --> 00:11:07.240 there's a mixed signal there, because sometimes if you see 170 00:11:07.279 --> 00:11:11.200 something and you say something, some organization might come back 171 00:11:11.240 --> 00:11:15.000 and say, oh, you're profiling. So we got we got 172 00:11:15.080 --> 00:11:18.399 some conflicting signals, and I want to go through these 173 00:11:18.440 --> 00:11:22.200 with Harvey, but I also want to incorporate you six one, seven, two, five, 174 00:11:22.240 --> 00:11:24.879 four ten thirty six one seven, nine, three, one, ten thirty. 175 00:11:24.879 --> 00:11:26.159 We'll be right back on Nightside. 176 00:11:26.840 --> 00:11:30.000 Now back to Dan Ray live from the Window World 177 00:11:30.120 --> 00:11:33.240 Nightside Studios on WBZ News Radio. 178 00:11:34.480 --> 00:11:38.320 I guess Harvey silverglad, and we are talking, uh in 179 00:11:38.440 --> 00:11:42.559 the context of the attack on New Year's Morning in 180 00:11:42.679 --> 00:11:47.080 New Orleans, which left fourteen Americans, fourteen people dead and 181 00:11:47.200 --> 00:11:53.080 dozens of others injured. Harvey, again, I know that we're 182 00:11:53.200 --> 00:11:59.279 kind of getting into the speculative here, but how does 183 00:12:00.639 --> 00:12:03.919 it just seems to me it's an abject failure when 184 00:12:04.440 --> 00:12:08.480 within our country something like this happens, When in retrospect, 185 00:12:08.879 --> 00:12:12.960 they were all sorts of signs that were very that 186 00:12:13.039 --> 00:12:16.279 were very clear to authorities if they either wanted to 187 00:12:16.399 --> 00:12:21.559 look or pay attention. Do you share that that feeling? 188 00:12:22.080 --> 00:12:24.720 You know and you do not? You know, You're you 189 00:12:24.799 --> 00:12:27.000 will tell me the truth, But I'm just do you 190 00:12:27.159 --> 00:12:29.720 do you feel that way or no, does that has that? 191 00:12:29.919 --> 00:12:32.840 It struck me that they afterwards it was like, these 192 00:12:32.919 --> 00:12:35.879 people are dead because someone was asleep at the switch. 193 00:12:37.240 --> 00:12:40.080 Well, there's something wrong with our society that we have 194 00:12:40.279 --> 00:12:46.399 produced so many of these people. That's clear, But it's 195 00:12:48.279 --> 00:12:51.639 the government is not a physician, They're not a psychiatrist. 196 00:12:53.480 --> 00:13:01.000 And what I think is happens is that if somebody 197 00:13:01.200 --> 00:13:10.000 acts is reported is acting odd dangerous, the FBI can 198 00:13:10.080 --> 00:13:14.840 look into them and they can even follow them. They 199 00:13:15.240 --> 00:13:19.159 cannot break into the house, but they can survey. They 200 00:13:19.200 --> 00:13:22.679 can do this, so they can put somebody on you know, 201 00:13:23.360 --> 00:13:27.360 there are things you can do without violating the Fourth Amendment. 202 00:13:30.159 --> 00:13:33.919 There's nothing there's no law against the gouvernt following the 203 00:13:34.320 --> 00:13:35.720 FBI following somebody. 204 00:13:37.759 --> 00:13:43.519 So then okay, So then the question to me it 205 00:13:44.039 --> 00:13:49.759 has to be, is the ask the FBI become so 206 00:13:49.960 --> 00:13:55.159 intimidated that they are not following following uh in looking 207 00:13:55.240 --> 00:13:57.440 for these leads. I just think that there, yeah, we 208 00:13:57.480 --> 00:13:59.600 can say there's something wrong with our society. This guy 209 00:13:59.799 --> 00:14:02.519 was had been in the military, that he should have 210 00:14:02.600 --> 00:14:06.080 been able at some point. You would think that someone 211 00:14:06.159 --> 00:14:08.159 in the military might have had a conversation with him, 212 00:14:08.159 --> 00:14:09.559 and they might have said the guy needs help. I 213 00:14:09.600 --> 00:14:12.039 think about, on a more neutral case, the guy up 214 00:14:12.080 --> 00:14:15.600 in Maine who killed all those people a year ago 215 00:14:15.679 --> 00:14:18.919 in the fall. He had been identified as a problem, 216 00:14:19.120 --> 00:14:22.759 the local police had visited him. He had he had 217 00:14:23.159 --> 00:14:26.279 a lot of weapons, high powered weapons, and he eventually 218 00:14:26.399 --> 00:14:30.600 used them. And it seems to me it's almost the 219 00:14:30.679 --> 00:14:33.840 equivalent of malpractice by law enforcement not to look at 220 00:14:33.879 --> 00:14:36.720 someone like that and realize this is a troubled individual 221 00:14:37.639 --> 00:14:40.360 and the minimum we should do is separate him from 222 00:14:40.399 --> 00:14:45.080 his weapons so that he could not commit mass carnage 223 00:14:45.200 --> 00:14:49.480 as the guy did on New Year's morning in New Orleans. 224 00:14:49.799 --> 00:14:54.799 I just feel that I'm frustrated and I'm probably not 225 00:14:54.960 --> 00:14:57.000 making as much sense as I should. But go ahead, 226 00:14:57.120 --> 00:14:58.000 I want your reaction. 227 00:15:01.480 --> 00:15:03.679 Well, you know, what can I say? I've said it 228 00:15:04.480 --> 00:15:07.960 in as many ways as as I know. If there 229 00:15:08.080 --> 00:15:12.960 is information that company is acting strange, they can investigate. 230 00:15:13.080 --> 00:15:17.679 They can they can follow the guides. There's no law 231 00:15:17.759 --> 00:15:21.200 against following somebody. They can put a stake out of 232 00:15:21.600 --> 00:15:27.559 the guy's house, but they cannot break in without his permission. 233 00:15:28.159 --> 00:15:32.879 Okay, So, but I'm taking it one step beyond here, 234 00:15:32.960 --> 00:15:37.320 and if I'm not articulating it properly, I apologize in 235 00:15:37.519 --> 00:15:41.639 view of what has happened in this country so often. 236 00:15:41.679 --> 00:15:44.519 I realize we're a free society, and I realize that 237 00:15:44.720 --> 00:15:48.679 that we have liberties that we all value. But I 238 00:15:48.919 --> 00:15:56.039 just wonder if specifically the Federal Bureau of Investigation has 239 00:15:56.159 --> 00:16:01.440 fallen down in terms of these these radical groups, be 240 00:16:01.600 --> 00:16:04.879 they the far right or the far left. That's you know. 241 00:16:05.200 --> 00:16:09.240 I cite to the guy in in Maine because they 242 00:16:09.279 --> 00:16:12.840 saw that as local law enforcement, which it's different. He 243 00:16:13.000 --> 00:16:16.080 was some sort of a lone wolf whack job who 244 00:16:16.159 --> 00:16:18.639 had been screwed up for what for all sorts of 245 00:16:18.720 --> 00:16:22.799 personal reasons, you wouldn't have picked him up. But I 246 00:16:22.879 --> 00:16:25.240 would think that this guy they could have figured out. 247 00:16:25.759 --> 00:16:28.039 I would I would think that some of the others. 248 00:16:29.679 --> 00:16:33.960 It seems to me that maybe the the agencies need 249 00:16:34.039 --> 00:16:35.960 to get a little bit more aggressive. And I don't 250 00:16:36.000 --> 00:16:38.720 expect you to join me in that hope. But but 251 00:16:39.039 --> 00:16:42.639 but that's but that's the that's the theory. I would 252 00:16:42.759 --> 00:16:46.000 like to see our law enforcement agencies staying within the 253 00:16:46.039 --> 00:16:48.919 bottles of the constitution, as you have articulated, but to 254 00:16:49.039 --> 00:16:52.879 get more aggressive. And my concern is that the public 255 00:16:52.919 --> 00:16:55.519 has been told if you see something, say something, but 256 00:16:55.639 --> 00:16:58.120 this there are other singles coming from the government. Well 257 00:16:58.279 --> 00:17:00.960 be careful. You know, if someone says, gee, I saw 258 00:17:01.039 --> 00:17:05.440 somebody and they look suspicious to me, and if if 259 00:17:05.759 --> 00:17:09.400 there wasn't really some action that, you know that let's 260 00:17:09.400 --> 00:17:11.359 say it was someone who was dressed a little differently, 261 00:17:12.799 --> 00:17:16.039 they might feel that I'm going to be categorized as 262 00:17:16.119 --> 00:17:20.759 being uh anti this or anti that. I think you 263 00:17:20.920 --> 00:17:21.960 understand the point I'm making. 264 00:17:24.200 --> 00:17:28.119 Yeah, I agree with the FBI is pulling down on 265 00:17:28.240 --> 00:17:33.559 the job. You know. I usually I'm concerned about the 266 00:17:33.720 --> 00:17:37.599 FBI being two as exactly, but right of these facts, 267 00:17:37.920 --> 00:17:39.480 they're not being aggressed enough. 268 00:17:41.079 --> 00:17:45.319 Yeah, I I'm glad to hear you say that. 269 00:17:45.720 --> 00:17:45.880 You know. 270 00:17:46.039 --> 00:17:49.039 I also would like to get a quick response to 271 00:17:49.119 --> 00:17:52.480 you after the news break tonight, the Supreme Court, by 272 00:17:52.519 --> 00:17:55.200 a five to four decision, has allowed the sentencing of 273 00:17:55.279 --> 00:18:00.400 Donald Trump to go forward and judge one Merchan's tomorrow 274 00:18:00.440 --> 00:18:04.680 morning at nine point thirty. So I want to just 275 00:18:04.799 --> 00:18:07.119 ask get your thought on that as well. I don't 276 00:18:07.119 --> 00:18:08.279 know if you've had a chance to look at it, 277 00:18:08.359 --> 00:18:10.359 but it was an interesting five to four split in 278 00:18:10.480 --> 00:18:16.759 which for the conservative justices who you would expect Thomas 279 00:18:16.920 --> 00:18:24.279 and Kavanaugh and Gorsch basically said yeah, you know, they should, 280 00:18:25.720 --> 00:18:28.359 we should take this case up. Alito, of course, was 281 00:18:28.440 --> 00:18:33.279 in there and the majority Roberts and before female members 282 00:18:33.279 --> 00:18:36.440 of god to Lena Kagan so a signia sort of 283 00:18:36.480 --> 00:18:42.279 Mayor Katanji Brown Jackson and Amy Cony, Barrett said no, 284 00:18:42.519 --> 00:18:45.119 So the sentence will go on. I want to ask 285 00:18:45.160 --> 00:18:47.160 you about the come back, but I also want to 286 00:18:47.200 --> 00:18:51.240 continue this conversation and invite people to join us talk 287 00:18:51.319 --> 00:18:54.240 about again if law enforcement needs to get at this 288 00:18:54.400 --> 00:18:58.640 point in time just a little more aggressive maintaining observations 289 00:18:58.680 --> 00:19:01.319 of the rights that we all joy under the Constitution. 290 00:19:01.680 --> 00:19:03.759 Back on Nightside if you'd like to join. The best 291 00:19:03.799 --> 00:19:06.240 lines are six one, seven, two, five four ten thirty 292 00:19:06.599 --> 00:19:09.079 or six one seven, nine three one ten thirty. Back 293 00:19:09.119 --> 00:19:09.640 on Nightside. 294 00:19:09.720 --> 00:19:16.440 Right after this, It's Night Side with Boston's news Radio. 295 00:19:17.640 --> 00:19:19.559 Probably before we get some phone calls. Let me just 296 00:19:19.640 --> 00:19:22.720 get a quick response if I could. I hope you've 297 00:19:22.759 --> 00:19:25.759 seen the news story tonight that the US Supreme Court, 298 00:19:25.839 --> 00:19:30.559 by a five to four vote, one paragraph order issued 299 00:19:30.559 --> 00:19:35.519 by Chief Justice Rogers justices Sodamayra Kaigan, Cony Barrett, and 300 00:19:35.920 --> 00:19:40.240 Katanji Brown Jackson. They will not interfere with the sentencing 301 00:19:40.319 --> 00:19:43.680 that schedule for tomorrow morning, nine thirty UH, in which 302 00:19:43.759 --> 00:19:48.240 one Mershon, the judge in New York, is apparently going 303 00:19:48.359 --> 00:19:53.519 to essentially wrap the case up, uh, not order any 304 00:19:53.720 --> 00:19:56.559 jail time or for that matter of fine, but basically 305 00:19:56.680 --> 00:19:58.359 to make sure that it is on the record that 306 00:19:59.599 --> 00:20:03.680 president like Trump has been sentenced. The court apparently today 307 00:20:03.799 --> 00:20:08.720 said that the normal courses of appeal on the issues 308 00:20:08.759 --> 00:20:12.359 of the case could be could be litigated over time, 309 00:20:12.839 --> 00:20:16.000 but they would not interfere with the sentencing tomorrow. Now, 310 00:20:16.079 --> 00:20:21.960 you have represented John Eastman, who was one of those 311 00:20:22.079 --> 00:20:26.440 who were charged in relation to the twenty twenty one activity, 312 00:20:26.519 --> 00:20:28.759 and I'm not sure if you were still counseled to him. 313 00:20:28.839 --> 00:20:31.160 That's correct, if. 314 00:20:30.559 --> 00:20:33.400 You're still counseled to him at this point. But I'm 315 00:20:33.400 --> 00:20:37.240 wondering if you're comfortable in answering that question. Do you 316 00:20:37.279 --> 00:20:39.000 think the Supreme Court did the right thing tonight? 317 00:20:41.119 --> 00:20:47.440 Well, first of all, the judge who announced that he 318 00:20:47.480 --> 00:20:53.200 would send Trump before the inauguration but would not give 319 00:20:53.240 --> 00:20:58.759 them jail time, he avoids the constitutional problem of the 320 00:20:59.119 --> 00:21:05.480 jailing a head of state, the head of state before 321 00:21:05.640 --> 00:21:10.759 his inaugulation, and I think that that would be overturned, 322 00:21:10.880 --> 00:21:13.599 that he would not be allowed to do that. But 323 00:21:13.720 --> 00:21:16.160 he has avoided the problem by saying he did not 324 00:21:16.279 --> 00:21:17.640 give a jail sentence. 325 00:21:20.599 --> 00:21:24.920 And so, and by doing that it allows Merchon to 326 00:21:25.160 --> 00:21:32.559 conclude the case. And then whatever substantive issues the president's 327 00:21:32.640 --> 00:21:35.599 lawyers want to bring up at some point subsequent to 328 00:21:35.680 --> 00:21:38.839 the case, issues of evidence and issues of motions that were, 329 00:21:41.200 --> 00:21:42.720 they will go through the normal course. 330 00:21:46.319 --> 00:21:47.200 Yep, okay. 331 00:21:47.680 --> 00:21:50.799 And also Donald Trump will not appear in front of 332 00:21:50.920 --> 00:21:53.400 Merchon tomorrow. Apparently he's going to appear in some sort 333 00:21:53.400 --> 00:21:57.680 of a zoom capacity, a remote zoom zoom call. Ye, 334 00:21:57.880 --> 00:22:02.799 merch On will have the the honor, if you will, 335 00:22:03.920 --> 00:22:10.759 or the satisfaction of actually imposing a sentence, however light 336 00:22:11.079 --> 00:22:14.599 it is, and it probably will have us. It will 337 00:22:14.680 --> 00:22:18.920 be just simply note that the convictions will stand, that 338 00:22:19.920 --> 00:22:22.799 there will be no penalty, there will be no fine, 339 00:22:22.960 --> 00:22:25.200 there will be no no jail time, there will be 340 00:22:25.279 --> 00:22:27.839 no probation or anything like that. 341 00:22:29.559 --> 00:22:32.000 It makes the point that even the president is not 342 00:22:32.079 --> 00:22:32.759 above the war. 343 00:22:33.359 --> 00:22:38.119 Yep, gotcha. Okay, let's let's get back to our discussion. 344 00:22:38.240 --> 00:22:41.079 Handy going to go to Steven Braintree. Steve, we're talking 345 00:22:41.119 --> 00:22:43.599 about whether or not the FBI should become a little 346 00:22:43.640 --> 00:22:48.279 bit more aggressive with these sites on the dark web 347 00:22:48.960 --> 00:22:52.880 where people somehow get radicalized. Your thought or your question 348 00:22:53.039 --> 00:22:54.079 for Harvey silver Light. 349 00:22:54.799 --> 00:22:58.680 Yes, my question is, yeah, I understand that you want 350 00:22:58.759 --> 00:23:00.519 the FBI to be more aggressive. 351 00:23:00.839 --> 00:23:00.960 Yes. 352 00:23:01.079 --> 00:23:05.160 Well, one of the things that as far as people 353 00:23:05.279 --> 00:23:08.799 that you may say are in a mental crisis that 354 00:23:09.559 --> 00:23:14.359 they have been using is red flag laws. And I 355 00:23:14.440 --> 00:23:18.279 wanted to hear Hobby's opinion on those because I believe, 356 00:23:19.480 --> 00:23:22.279 based on how they are written, that red flag law 357 00:23:22.400 --> 00:23:27.599 is actually unconstitutional. I think that you have a right 358 00:23:27.720 --> 00:23:31.759 to face your accuser. And here's someone Now the government's 359 00:23:31.799 --> 00:23:35.799 going to come in and confiscate your belongings, and you 360 00:23:36.039 --> 00:23:40.160 have no idea who or what has done. 361 00:23:40.000 --> 00:23:40.400 This to you. 362 00:23:43.160 --> 00:23:46.200 Okay, So you're talking much more in the sense of 363 00:23:48.279 --> 00:23:50.079 the government comes in and says we're going to take 364 00:23:50.079 --> 00:23:53.319 your weapons away. I suspect that's your question. Is that right? 365 00:23:53.599 --> 00:23:58.039 Well, or the police or any entity. Basically, you're saying 366 00:23:58.119 --> 00:24:00.319 that they should be more aggressive, and yes, saying that 367 00:24:00.400 --> 00:24:04.839 there was information out there. Here's here's a procedure that 368 00:24:04.960 --> 00:24:08.480 they are now using that is completely in the dark. 369 00:24:09.160 --> 00:24:12.839 Someone goes in and and goes to a judge and says, 370 00:24:13.079 --> 00:24:15.640 I think this person is dangerous. I want you to 371 00:24:15.720 --> 00:24:19.160 confiscate this stuff. And sure enough the police come up 372 00:24:19.440 --> 00:24:19.839 and they. 373 00:24:19.920 --> 00:24:22.319 I don't know how. I don't if I go to 374 00:24:22.400 --> 00:24:25.079 court tomorrow and I go in front of a judge 375 00:24:25.079 --> 00:24:27.720 and I say I think that Steve from Brendwa, Braintree 376 00:24:27.839 --> 00:24:34.240 is dangerous. I don't know how how many judges would 377 00:24:34.720 --> 00:24:38.200 would authorize some agency to go in and confiscate your 378 00:24:38.359 --> 00:24:43.720 so called stuff with with nothing or some individual. 379 00:24:44.440 --> 00:24:48.920 Harvey jump in here, judge. Judge does not have that power. 380 00:24:50.799 --> 00:24:56.119 Okay, well then why are red flag confiscations up in 381 00:24:56.279 --> 00:24:58.400 some places? Two and sixty? 382 00:25:02.319 --> 00:25:04.799 But do you want to cite some example, Steve again, 383 00:25:04.880 --> 00:25:07.079 have you been in New York? Let me ask you, 384 00:25:07.640 --> 00:25:10.000 have you been involved in a similar situation in a 385 00:25:10.079 --> 00:25:14.200 situation like this or are you speaking about some statistic 386 00:25:14.720 --> 00:25:15.759 or study that you've seen. 387 00:25:16.720 --> 00:25:20.880 No, I am this is a specific New York has 388 00:25:21.440 --> 00:25:26.640 ramped up and asked all law enforcement if you see 389 00:25:26.680 --> 00:25:33.960 a person who is acting aggressively in any situation that 390 00:25:34.240 --> 00:25:37.559 you then need to file a red flag law on 391 00:25:37.680 --> 00:25:40.920 it if you know that they are in possession or 392 00:25:41.119 --> 00:25:42.480 have owned firearms. 393 00:25:42.799 --> 00:25:42.920 Here. 394 00:25:42.960 --> 00:25:46.359 Okay, So the observation is by the officer of aggressive 395 00:25:46.400 --> 00:25:48.720 behavior is what you're saying in. 396 00:25:49.039 --> 00:25:54.880 New York or any family member, any family member period, 397 00:25:55.079 --> 00:26:00.960 without any any other criteria they are implementing in UH 398 00:26:01.759 --> 00:26:03.119 filing red flag wives. 399 00:26:03.160 --> 00:26:06.319 Well, okay, Harvey's going to jump in here, but there's 400 00:26:06.359 --> 00:26:11.200 a difference between an officer who sees someone doing something 401 00:26:11.319 --> 00:26:14.759