COUNTERING BIDEN'S DOJ & ATF: BEATING THE WRONGFUL PROSECUTION OF CONSERVATIVES...

Published on March 15, 2024
Duration: 18:56

This video discusses the legal defense of selective prosecution, arguing that the Biden administration's Department of Justice and ATF are targeting conservatives and Second Amendment supporters while overlooking similar actions by liberals. It highlights court cases where judges have recognized this pattern of viewpoint discrimination, citing examples involving political rallies, January 6th defendants, and even chalk messages. The speaker, Mark Smith, a constitutional attorney, encourages viewers to understand and potentially utilize this defense.

Quick Summary

Selective prosecution is a legal defense arguing that a prosecutor is targeting an individual due to their viewpoint or characteristics, while others in similar situations are not prosecuted. This defense claims the government is treating similarly situated individuals differently for improper reasons, potentially violating the Equal Protection Clause and First Amendment rights against viewpoint discrimination.

Chapters

  1. 00:00Introduction to Selective Prosecution
  2. 01:06Defining Selective Prosecution
  3. 02:16Examples: Michigan School Shooting Parents
  4. 03:28Examples: Daniel Penny & NYC Subway
  5. 04:19Examples: Donald Trump Indictment
  6. 05:01Examples: Peter Navarro vs. Eric Holder
  7. 05:51Judges Recognizing Disparity
  8. 06:27Judge Cormac Carney's Ruling
  9. 08:25Carney on First Amendment Rights
  10. 10:33Carney: Defendants Established Selective Prosecution
  11. 11:12Carney: Left-Wing Agitators Not Prosecuted
  12. 12:44Judge Trevor McFadden's Observations
  13. 13:47Defacement Statute Case: Black Pre-born Lives Matter
  14. 15:16Judge Ral on Viewpoint Discrimination
  15. 16:15Selective Prosecution in Trump Case
  16. 17:07Using Selective Prosecution Defense
  17. 18:06Precedents and Future Importance

Frequently Asked Questions

What is selective prosecution and how can it be used as a defense?

Selective prosecution is a legal defense where a defendant argues they are being targeted by prosecutors due to their viewpoint or characteristics, while others in similar situations are not prosecuted. This defense claims the government is treating similarly situated individuals differently for improper reasons, potentially violating the Equal Protection Clause.

Which judges have recognized selective prosecution in recent cases?

Several federal judges have recognized selective prosecution. This includes Judge Cormac Carney, who dismissed an indictment based on viewpoint discrimination at political rallies, and Judge Trevor McFadden, who noted disparities in how the DOJ treats conservative versus left-wing defendants. Judge Ral also ruled against viewpoint discrimination in enforcing a defacement ordinance.

How does viewpoint discrimination relate to selective prosecution?

Viewpoint discrimination is a core component of selective prosecution. It occurs when the government enforces laws in a way that favors or disfavors specific messages or opinions, leading to the prosecution of individuals based on their beliefs rather than solely on their actions, thereby violating First Amendment free speech protections.

What examples are given of potential selective prosecution by the Biden administration?

Examples include the prosecution of parents of a school shooter while allegedly overlooking similar parental responsibility in gang-related cases, the indictment of Daniel Penny for intervening on a subway versus leniency for other subway offenders, and the differing treatment of Donald Trump and Joe Biden regarding classified documents, as well as Peter Navarro versus Eric Holder on contempt of Congress.

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