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Secret Service meeting Ted Nugent after angry rant

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    Legal panel weighs in on whether rocker can be charged

  • Duration 7:29
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-- the Secret Service has plans to meet with rocker Ted Nugent tomorrow.

After he went on -- granted an NRA meeting using some pretty colorful language about President Obama.

Trace Gallagher live out West Coast bureau with more Trace.

And Nugent says negative he's meeting with the Secret Service but we can't confirm that because the Secret Service hasn't made any comment about this at all.

And Ted new energy is continuing to fan the flames -- have more on that -- minute.

But -- all -- -- as you said when he spoke of the NRA conference in Saint Louis it was a very long speech.

Very controversial statements here's part of that -- -- it is right now is if Barack Obama becomes president November again.

I will either be dead -- or in jail by this time next year are president and attorney general or vice president Hillary Clinton.

They're criminals.

They're criminals.

And if you take that at admit we the people defiance several rural Americans because we defied -- game.

We didn't negotiate compromise -- the -- we to -- the emperors we are patriots we are Braveheart.

We need to write in that battle field and shop -- hits off in November.

Well the Democratic National Committee and the Obama campaign are -- demanding that Mitt Romney disavow.

The statements Romney spokeswoman saying that.

Everyone needs to be civil but the White House really got to back it up there saying look.

This is nothing but noise.

White house Press Secretary Jay Carney saying the following quote here they won't be policing statements.

Of supporters across the board.

-- -- -- Not backing up these one bit in fact.

He's going on a conservative radio talk show kind of fanning the flames -- he says he would not threatened to harm anybody.

But he went on to say this list.

I'm not black and you get of that in Nazi Klan rally.

Then there are some power abusing.

Corrupt monster.

In our federal government.

Debt despise me because you're of the -- absentees to speak the truth.

To identify the violations -- government.

By the way Ted Nugent says that he's actually excited to meet with the Secret Service Megan because he says he knows those guys he trains with those guys he hunts with those guys.

And he's looking forward actually sitting down in.

Hashing this out with those guys.

Okay -- thank you.

Kelly put it back in session on the docket today Ted Nugent did he cross a legal line.

Joining me now -- -- Fox News legal analyst and Joey Jackson a former prosecutor and now defense attorney.

What is the argument that he crossed the legal line -- -- the Secret Service meeting with the -- that he sidled up certainly to that legal line that that was an intent to threaten the president which you cannot do of course that's a felony under I -- saying by saying I'll tell -- this right -- Barack Obama becomes the president -- in November -- either be dead.

Or -- -- by this time next that.

That's the critical thing it's -- what they're gonna have to do the Secret Service when they -- doesn't warrant at least chat with them.

Not saying that he did cross that line but at least chat.

The Secret Service we'll have to say you have any -- when you said that did you mean to imply or to say that you were threatening to kill the president and that's why you would be in jail.

And if if Nugent says yes and that's exactly what I -- -- -- I guess they have a case if he's done a thing doesn't make it I don't think there's enough quite right there.

Joey what is the standard and it is it is it unlawful for you just to say as it did to make a threat.

You know I had a knock it out of the words here -- national television but -- you know -- were to threaten the president.

Barbara believe without more is that a crime.

-- now it's not -- -- that he will -- willful unknowingly and you have to have sort of the president attention to do something to the president but let me say this lesson.

I'm not suggesting his comments were appropriate at all -- you know what he has the views that he has and that's his view.

But the bottom line is Megan where great country because of the fact that -- tolerant of different positions in different views there's a far distinction between political hyperbole wearing campaigns people get riled up people say crazy -- things that's wonderful.

But at the same time you just can't cross the line did he cross -- here legally he did not the point is is that there's been a statute on the books for 95 years.

Eighteen USC 870 want to threat as -- was pointing out it's a.

You know what you have to look at the overall contacted -- reasonable person.

Would respond to the remarks it and would they believe that a threat had actually been made -- and that's why -- you hear that that that a reasonable person would.

Would not believe Ted -- -- it was actually threatening the life the president a bombing in front of a roomful of people.

I don't you know but that's the -- can be taken a couple of different ways Macon maybe just I'll be dead because -- as a B so disgusted by the sub B.

In jail for what a big deal because he didn't say because I will kill President Obama he did not say that so.

In other ways I don't think -- have a case right why are -- wasting time going to talk to.

Analysts estimate that if a fourteen year old says something like that you know to look at a school buddy this -- the -- -- that.

The Secret Service will be either I mean I know of cases where they want -- why it's -- Case that Galley nobody got to see nobody wants any having our president but.

-- speech.

It is you know very protected in this country the First Amendment it is one of the -- rocks there and a bill of rights and and without more just words.

Is it -- to criminalize them.

You know what it's not but again you have to look at it as you -- rightly stated -- you have every rehab the view everything in contacted if you look at the context here it's a political -- speech he's you know saying things about the president and what he doesn't like it -- entitled to that.

As to why he would get a visit from the Secret Service looked you have to make sure that he doesn't have any intentions right that he's not going to carry this out in any way shape form so I support the fact that they'll go and speak to him and and -- and I don't like the comment that's part about democracy it's who we are and I think -- longed to hear this and more as the campaign he.

'cause it because that is the thing -- even though we we prized free speech we also.

Love our president -- in our viewers it may or may not love this president's policies.

We as Americans love the president is Israel you are -- at the office and we don't want hyperbole.

Against him that -- potentially violent and air for the Secret Service has to do its job they've gotta investigate any threat make it even something like this which may be absolutely has not no validity to it.

Nothing is just it you know to me just ranting on they have to check every threat because I think -- -- had to be very careful when you make comments because even though you may not be planning on doing anything.

Lot of people are listening.

Right not everybody is stable.

And some people get idea it's.

And it you have to be careful when rising violent hyperbole you cannot incite violence that's that the look at the First Amendment that's exactly you can incite violence -- yell fire in a crowded theater all of those kind of things -- -- limitations on the first -- to be legally actionable he would have to -- more than this both in terms of a threat from -- and in terms of incitement when he not knowing he actually went.

Have to I mean look we would expect from our leaders that -- discourse is gonna be somewhat civil we know people are entitled to their views they're Democrats and a staunch liberals there republic have been a staunch conservatives but can't we all just get along people say what they say we just have -- you -- respect other people's views.

And at the same time not make threats against the president this was not to.

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