Did anti-Muslim filmmaker violate his probation?
Legal panel weighs in on the case
- Duration 4:50
- Date Sep 26, 2012
Legal panel weighs in on the case
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Solid early Kelly's court for you today -- back in session on the docket today we are getting reports that prosecutors are moving forward with the federal probation violation case.
Against not cool about selling at -- -- He's the film maker supposedly.
Behind the video that some are blaming for some of these violent protests across the Muslim world.
Federal officials looking into whether he violated his probation for a 2010 check fraud conviction.
By uploading this controversial video to YouTube he supposedly again was not supposed to be online using the computer without permission from his probation.
Officer he went into hiding after police publicly march -- from his home for questioning.
-- me now Arthur Riddell a defense attorney former prosecutor and John as the war also a defense attorney and former prosecutor so.
This is technically a probation violation at worse that's why he was -- -- By six officers.
According to some counts in front of the cameras with the hole around the head I mean.
Have you seen anything like that for a probation violation Arthur.
OK you're on with the greatest amount of respect it's technically.
A supervised release.
He's -- -- to -- hopeful he he gave me a lot didn't hear that out what it means he served jail time this was a guy who just got sentenced to probation and he never did in jail time.
He went to jail and part of his.
Agreement when he agreed to plead guilty he agreed to waive his right to a trial.
On a check fraud case he said your honor I promise to do my jail time I -- to a -- about abide by your wishes when I get out and one of the wishes is one of the demands was.
You cannot use a computer.
How he doesn't without prior approval around the probation -- answer and he got caught in the biggest.
The use of a computer ever of course they have to investigated of course they have to look into it and and nobody.
Decided well in doubt but I think the good the good counsel John is misleading.
The court boat and -- jury at home about him.
Whether this is normal procedure on a probation violation or whenever supervised release.
Released but violation.
To have this many officers and the perp walk and -- atomic.
No absolutely not this would never happen if we weren't getting this reaction across the globe over this fifteen minutes -- we would not even hear of this probation violation is to provide relief violated.
Does nobody would -- and let nobody does not really a violation of that the theory.
But he did and you don't have -- -- -- you don't know don't let you don't get darn sorry aren't there that he's way where's the New York.
I can't -- and even -- that kind of restriction on probation is to avoid repeating current criminal behavior correct it check fraud.
And uploading -- homemade video and YouTube to different and a lot I would -- Says so the question is what is this really about and is this really about showing the world how much we hate this guys speech.
Which our constitution protects and the Supreme Court -- said.
That the First Amendment protects speech we don't like -- between like OK so -- is about that or is it about how upset we are over his violation potentially innocent.
About -- -- question the question that you asked was what it is normal that that six United States marshals pulled out of his -- to do -- -- absolutely not not.
What is it normal when Lindsay Lowell and.
You get the DWY at this six offers a chance that it -- book you got it that it an industry that is something of tremendous public interest.
And that is why we're talking about it and that is why the federal government is handling it the way up to handle.
What would be -- -- basic we don't care yes he violated his terms but we're not even gonna look into it.
And that's all they doing they're looking into it.
I don't think he's gonna get sent back to jail I think he's gonna have any -- Well that's the other question John if he doesn't now that he's been paraded out -- -- is that it.
If he doesn't get in trouble.
For this many of the Pakistan any so there's some cabinet is through -- but -- -- on the guy's head yes al-Qaeda wants to -- -- the Muslim world wants to kill on the radical Islamic world I should say who thought this guy gets off with what you normally get off with when you do this kind of thing like a what a technical violation and what's going to be the backlash.
Yet while that won't happen he's got to go back to prison that's gonna happen for this supervised release -- he's going to do more time behind bars for something that's equivalent to.
Jay walking are getting up parking ticket because they want to send a message to the other a -- -- -- set that we -- -- -- -- that and they are behind the scenes he's.
His lawyer may be asking the judge put it back to jail and wild out of protective heat and what -- -- that could happen again you know igniting our family he put it up herself -- -- his -- that the -- he's in hiding.
But I I still don't think the -- -- to back to prison you know this type of violating absolutely Woolsey -- could you got good good.
Diop could debate -- thank you see -- you.