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Pisco

👤 Speaker
174 total appearances

Appearances Over Time

Podcast Appearances

Breaking Points with Krystal and Saagar
1/23/26: Don Lemon Charges REJECTED, Gavin’s Davos Knee Pad STUNT, Gaza Whistleblower Runs for Congress

And it's unclear.

Breaking Points with Krystal and Saagar
1/23/26: Don Lemon Charges REJECTED, Gavin’s Davos Knee Pad STUNT, Gaza Whistleblower Runs for Congress

A lot of courts have construed the statute as requiring dual intent.

Breaking Points with Krystal and Saagar
1/23/26: Don Lemon Charges REJECTED, Gavin’s Davos Knee Pad STUNT, Gaza Whistleblower Runs for Congress

That is to say, you're not just trying to do the actions that disrupt, but for the purpose either to restrict some kind of reproductive service or to restrict people's First Amendment rights with respect to religious freedoms.

Breaking Points with Krystal and Saagar
1/23/26: Don Lemon Charges REJECTED, Gavin’s Davos Knee Pad STUNT, Gaza Whistleblower Runs for Congress

And so one argument you could see the protesters making is, well, we're not here to disrupt politics.

Breaking Points with Krystal and Saagar
1/23/26: Don Lemon Charges REJECTED, Gavin’s Davos Knee Pad STUNT, Gaza Whistleblower Runs for Congress

religious services and religious freedoms this is us trying to like whistle blow on um the pastor with respect to his dealings with ice has nothing to do with their religious expression now whether our core ultimately will buy that as a distinction for the dual intent purposes unclear but you can see the kind of arguments we didn't physically obstruct we didn't use force we didn't use threats and um you know we don't have that intent right interesting

Breaking Points with Krystal and Saagar
1/23/26: Don Lemon Charges REJECTED, Gavin’s Davos Knee Pad STUNT, Gaza Whistleblower Runs for Congress

It's force, threat or physical obstruction.

Breaking Points with Krystal and Saagar
1/23/26: Don Lemon Charges REJECTED, Gavin’s Davos Knee Pad STUNT, Gaza Whistleblower Runs for Congress

You need to show one of them.

Breaking Points with Krystal and Saagar
1/23/26: Don Lemon Charges REJECTED, Gavin’s Davos Knee Pad STUNT, Gaza Whistleblower Runs for Congress

threat of force.

Breaking Points with Krystal and Saagar
1/23/26: Don Lemon Charges REJECTED, Gavin’s Davos Knee Pad STUNT, Gaza Whistleblower Runs for Congress

Um, and, and threat is interpreted by courts in the context of true threats.

Breaking Points with Krystal and Saagar
1/23/26: Don Lemon Charges REJECTED, Gavin’s Davos Knee Pad STUNT, Gaza Whistleblower Runs for Congress

These are, uh, a first amendment standard that are like, they're not protected by a first amendment jurisprudence.

Breaking Points with Krystal and Saagar
1/23/26: Don Lemon Charges REJECTED, Gavin’s Davos Knee Pad STUNT, Gaza Whistleblower Runs for Congress

And they usually require some like reasonable person to apprehend that they're actually trying to put you in fear of bodily harm of some kind.

Breaking Points with Krystal and Saagar
1/23/26: Don Lemon Charges REJECTED, Gavin’s Davos Knee Pad STUNT, Gaza Whistleblower Runs for Congress

And so if you're not seeing these, these, uh, protesters shouting things like we're going to hurt you, we're going to like, uh,

Breaking Points with Krystal and Saagar
1/23/26: Don Lemon Charges REJECTED, Gavin’s Davos Knee Pad STUNT, Gaza Whistleblower Runs for Congress

kill you or something like that, or, you know, wielding some kind of weapon to put them in fear, probably less likely for the threat prong.

Breaking Points with Krystal and Saagar
1/23/26: Don Lemon Charges REJECTED, Gavin’s Davos Knee Pad STUNT, Gaza Whistleblower Runs for Congress

The physical obstruction, that's where, like, the more complicated analysis is.

Breaking Points with Krystal and Saagar
1/23/26: Don Lemon Charges REJECTED, Gavin’s Davos Knee Pad STUNT, Gaza Whistleblower Runs for Congress

And there are tons of decisions that try to interpret what physical obstruction means.

Breaking Points with Krystal and Saagar
1/23/26: Don Lemon Charges REJECTED, Gavin’s Davos Knee Pad STUNT, Gaza Whistleblower Runs for Congress

Can it be constructive obstruction?

Breaking Points with Krystal and Saagar
1/23/26: Don Lemon Charges REJECTED, Gavin’s Davos Knee Pad STUNT, Gaza Whistleblower Runs for Congress

Most courts say no, not constructive obstruction.

Breaking Points with Krystal and Saagar
1/23/26: Don Lemon Charges REJECTED, Gavin’s Davos Knee Pad STUNT, Gaza Whistleblower Runs for Congress

But can it include... What does that mean, constructive obstruction?

Breaking Points with Krystal and Saagar
1/23/26: Don Lemon Charges REJECTED, Gavin’s Davos Knee Pad STUNT, Gaza Whistleblower Runs for Congress

A kind of... That's what Sager does.

Breaking Points with Krystal and Saagar
1/23/26: Don Lemon Charges REJECTED, Gavin’s Davos Knee Pad STUNT, Gaza Whistleblower Runs for Congress

Where you're kind of making it like more difficult and you're not actually physically blocking at all, but you're making it like difficult for them to go into the given area, either the reproductive health service center or into the church.