Legal AF by MeidasTouch - MAGA Creates NIGHTMARE of Their OWN MAKING at RNC Event

Episode Date: June 25, 2024

It’s the First Amendment v. the Second Amendment on full display during the upcoming Republican Convention in Milwaukee to nominate Trump, with Wisconsin’s “open carry” gun laws and the Supreme Court’s Second Amendment permission slip potentially coming together in the “First Amendment protest zone” in a park directly across from the site’s convention center. Michael Popok analyzes how we got here with the MAGA Supremes turbocharging gun rights over all the other constitutional freedoms and rights we enjoy. Head to https://Aeropress.com/legalaf to save 20% at checkout! Visit https://meidastouch.com for more! Remember to subscribe to ALL the MeidasTouch Network Podcasts: MeidasTouch: https://www.meidastouch.com/tag/meidastouch-podcast Legal AF: https://www.meidastouch.com/tag/legal-af MissTrial: https://meidasnews.com/tag/miss-trial The PoliticsGirl Podcast: https://www.meidastouch.com/tag/the-politicsgirl-podcast The Influence Continuum: https://www.meidastouch.com/tag/the-influence-continuum-with-dr-steven-hassan Mea Culpa with Michael Cohen: https://www.meidastouch.com/tag/mea-culpa-with-michael-cohen The Weekend Show: https://www.meidastouch.com/tag/the-weekend-show Burn the Boats: https://www.meidastouch.com/tag/burn-the-boats Majority 54: https://www.meidastouch.com/tag/majority-54 Political Beatdown: https://www.meidastouch.com/tag/political-beatdown Lights On with Jessica Denson: https://www.meidastouch.com/tag/lights-on-with-jessica-denson On Democracy with FP Wellman: https://www.meidastouch.com/tag/on-democracy-with-fpwellman Uncovered: https://www.meidastouch.com/tag/maga-uncovered Coalition of the Sane: https://meidasnews.com/tag/coalition-of-the-sane Learn more about your ad choices. Visit megaphone.fm/adchoices

So Michael Popak, Legal AF, the Second Amendment and the First Amendment are about to come into a collision, unfortunately, in front of the Republican National Convention site in Phi Serv Center in Milwaukee, Wisconsin, because Milwaukee, Wisconsin and Wisconsin as a state allows for both open carry of weapons and concealed carry of weapons, all now completely blessed under the Second Amendment individual right decision two years ago written by Clarence Thomas, which is Bruin versus New York rifle. Under Bruin versus New York rifle, the Supreme Court once and for all wrote out the introductory language of the Second Amendment that allows for only armed individual right if it's related to a well-regulated militia. Gone.

Now, unless there is an expressed historical twin in law from the 1790s or the 1800s about a gun regulation, no gun regulation will survive. Wisconsin, whereby the way Trump won by one point in the last election, has a very liberal open carry, meaning you can carry a gun on your hip or across your shoulder of really any type of legal firearm, even an AR-15 or an AK-47. That's okay in Wisconsin as long as you follow their rules and regulations. And now you have the First Amendment and the Second Amendment colliding. And I'm gonna be watching closely to see what happens

and how this is gonna be policed by the Milwaukee Police Department. Directly across the street from the Republican National Committee convention site or convention site is a Pear-Marquette Park. Pear-Marquette Park. Pear-Marquette Park. It is the First Amendment zone. It is where the protesters will be.

Now look, there's a band of protesters, maybe they'll be armed, maybe they won't be, who are gonna be, who threaten to protest outside of this pendant area that's been secured by the Secret Service in collaboration with local police officials, law enforcement officials. So there's going to be a lot of strain and stress on the Milwaukee Police Department, which has had its problems in one of the murder capitals, unfortunately, of the United States

and where just this past week, police officers in Milwaukee shot and killed people during a attempted arrest, including in addition to that, an unborn child died. So this is not a place that has a great track record for keeping First Amendment and Second Amendment rights separated. Let's just put it that way. And so you've got this collision, a collision that not only could have been avoided,

had the United States Supreme Court and the Clarence Thomas Penn decision not given almost an unfettered right to have a gun unless you can find a 1790 or 1820s twin law on the books. Because our predecessors and the dead hand of our predecessors is apparently regulating modern warfare today, right? And the types of weapons that people can

have. Even though the life was different, women were treated second-class citizens, if citizens at all with no right to vote and treated like the property of their husbands because black Americans were barely citizens and had no real rights at all. But that's okay as long as the guns were, the gun rights are recognized. And so you got the second amendment right of people to walk around with bullets across their chest and guns on their hip coming into a collision here at Pear Marquette Park in Milwaukee.

Now, this even freaked out the MAGA. The MAGA said, whoa, wait a minute, the protest park is directly across the street and people walking around with guns? No, that doesn't make us feel comfortable. Why don't we move them a mile away over the Milwaukee River to another park? You know, there's a nice park over there.

Red Arrow Park is nice and there's some other parks and it's far enough away that we don't have to worry about this First Amendment, Second Amendment collision. And the Secret Service said, look, and local officials, look, people have a First Amendment right, it's a fundamental right to protest, especially during political conventions. And yes, they're mindful of the fact that some guy just self-immolated, set himself on fire in the park, and I was in that park, not at that day, I was there two days earlier, while the park that's behind or in front of the courthouse in New York where Donald Trump was trying. So crazy people, unhinged people, or just people like Kyle Rittenhouse, who literally charged into a Black Lives Matter protest with a gun looking to shoot somebody and did to people, including killing

one of them. There's more Kyle Rittenhouse is out there than you can shake a stick at or the business end of a rifle. And so that's my fear is that all these MAGA YAHUs who you see in these conventions wearing all sorts of crazy pro-Trump anti-Biden things with no respect for law, no respect for the Constitution, no respect for the social contract are now armed as a full-time lawyer and podcaster. It seems everywhere I go the coffee is terrible. And when I'm going to court or even just going somewhere in my neighborhood it's hard to find a good cup of Joe. I've tried

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And be sure to use code LegalAF at checkout to save 20%. It's time to say goodbye to crappy coffee and yes, to better adventures fueled by better coffee. We thank Arrow Press for sponsoring our show. And when they asked the Milwaukee police chief, well, what are you gonna do about it? He said, well, we're gonna respect the Second Amendment and we're able to handle this. Are you? With an outmatched and outnumbered police department, we saw what happened on Jan 6th with an only partially weaponized group of insurgents, a group of warriors as Donald Trump calls them now,

and what will happen when these two things happen? Now, I'm not saying that there should be a relocation of the First Amendment Park to this place across the river. I am not saying that at all. I'm calling attention to Wisconsin's open carry and concealed carry laws and how, which were given license and given new life by the Bruin decision two years ago. Now, we've done reporting here on the Midas Touch Network about the attempts around the edges and the fringes by the Supreme Court now led by Chief Roberts in a new opinion that came out just yesterday in which they said, well, maybe we went a little too far. We didn't get proper direction to the trial court about how

to apply the Bruin decision because now everybody thinks you got to look for an exact equivalent word for word twin in the past. And if you don't find that law, then you can't make a new law now in modern times. Well, Robert said in the new decision, well, we went too far. We're not trying to trap the law in amber. It's got to be living and breathing and it's got to appreciate the changes in modern life. We're saying you have to find the principles and expressions that undergird the law at the time. And if you can find an equivalent expression

of the principles, whatever that means, then that history and tradition is what we're talking about. Not actually looking at the record books and the statute books to find, well, there's no exact match. I mean, this is so bad, the use of historical antecedents to set new law by the United States Supreme Court that even Amy Coney Barrett said enough. There was an opinion two weeks ago

where she took on Clarence Thomas knowing that this decision that I just talked about on gun control was going to come out in the last day or so. And she said, I don't even know what you're doing. You're supposed to be making judge-made tests that trial courts can apply easily. You're not supposed to tell them to go become historians and look for an exact antecedent. And why is that the proper process of our judiciary history to do that? She said, what are you gonna do when you hit something

that had no antecedent and no historical reference? Then what? How do you regulate nuclear weapons? Do you say, well, there was no regulation on nuclear weapons back in 1792. You see the limits of this ability to use history and tradition on the Supreme Court. Like there's some sort of overlord of history

and enforcer of history on modern life. I've said before, I was taught that the United States Constitution was a living, breathing document. It's referred to that, at least before MAGA took over. Now it's this brittle, trapped in amber, you know, you know, we, oh, what, what did, you know, we got to take out the, oh, what, literal originalist text doesn't say exactly that. I got news for the Supreme Court,

literal original text of the Constitution doesn't say you can do what you've been doing. It doesn't define how the Supreme Court operates. That was from a case in the 1800s, led by Chief Judge Marshall. Go to the United States Supreme Court itself in Washington. Go look at the giant statue of John Marshall for a good reason. But he established through his case, Marbury versus Madison, what the Supreme Court's role would be

in our co-equal branches of government. It's not in the Constitution. It has been interpreted from the penumbra of rights around it and what the founding fathers' intentions were. Listen, I don't want a collision of the First Amendment and the Second Amendment, but because this Supreme Court has turbocharged the Second Amendment and almost invariably always sides with the Second Amendment against all other rights and civil rights and freedom and safety and security for the rest of us, making it this supersized amendment. It's one of 10 amendments, the Bill of Rights, to the Constitution when the founders, the framers went back and said, we've got to make some tweaks here. And now that we got the

Constitution up and running, let's make some amendments, you know, four or five years after the Constitution. And sure, it's numbered number two, but there is a number one. First of all, it wasn't set in rank order. It's not like the eighth amendment is less important than the second amendment, or the sixth amendment is less important than the first amendment. It's not ordinal, it's not ranking.

But when you supercharge and turbocharge one, it's to the expense of the others. And we're gonna watch a play out in Wisconsin carefully right here on the Midas Touch Network and on Legal AF. Now you know why we call it Legal AF. If you don't know, join us on Wednesdays and Saturdays at 8 p.m. Eastern time right here on the Midas Touch Network.

And you can free subscribe. We're building this network with our bare hands and we can only do it with your help. This is the network you've been waiting for. No outside investors. Nobody censors us or me, especially at all. And if you like my work, you can give me a thumbs up, leave a comment, go over to playlists and contributors under this MidasTouch YouTube channel, you'll find my entire body of work. It's about 1,300 hot takes about, like this one. And then join me Wednesdays and Saturdays at 8 p.m. Eastern time for Legal AF,

where we curate the top four or five stories at the intersection of law and politics. And we bring it to you right here without blowin' smoke or sunshine. So until my next hot take, until my next Legal AF, this is Michael Popak reporting. Heary, heary, Legal AF Law Breakdown is now in session. Go beyond the headlines and get a deep dive into the important legal concepts you need to know and we discuss every day on Legal AF. Exclusive content you won't find anywhere else, all for the price of a couple of cups of coffee. Join us at patreon.com slash Legal AF.

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