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New questions over jailing of man behind anti-Islamic video

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    Fox News legal analyst Peter Johnson Jr. weighs in

  • Duration 5:03
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-- the probation violation case against the man allegedly behind that anti Muslim film that led to some of these protests we've seen in the Muslim world.

Just got a whole lot more controversial.

Here you can't he has faced a -- -- court court sketches showing him that have been made public.

In a very unusual move a judge ordered this man held without bail.

For our probation violation -- yes late yesterday.

Theory is again being led from his home two weeks ago.

His head -- to practice it to protect his identity at least those of that was the video we were just showing us highly you know it forced port six officers escorting about the middle of the night.

In new court court sketches we got our first look at the cool about selling a -- -- who now could be facing years in prison.

For what exactly.

Turning now Fox News legal analyst Peter Johnson junior -- -- Rick Ellis praising the film Howard yet.

Not -- but you know.

As the Supreme Court said many times -- First Amendment is there to protect speech -- don't like not.

Each you do the -- for him to probably the question is is he a political detained eight.

Is he a political prisoner -- prison now is as a show trial because he engaged in -- in -- ridiculous.

And maybe harmful exercise of its first amendment rights.

We know he's on probation or supervised release for a bank fraud like check writing scheme he's supposed to pay the money back.

Under the conditions of probation not supposed to be -- Internet not supposed to be used -- cell phone no video games no drug use.

OK so now that that -- civil what I jam him up because he uploaded that.

And 1415 haven't yet nothing and no -- had not gonna do it it.

He's violated the conditions he's using his -- he's an alias to make the moving out and make -- a movie.

About how to bake a cake or something like that -- -- -- to the Internet.

Would he be in jail today in California I submit -- held without bail held without bail exits and -- -- his defense lawyers it.

Take 101000 dollars and I don't want him going.

To that federal correctional facility because I'm afraid he's gonna get killed.

By the people will put a 100000 dollar -- peak.

-- that a Pakistani cabinet minister Ali did that so the truth is this passionately objectively if you get caught in the probation system supervised release.

It's not the same standard as the as as a criminal trial you don't have to prove it.

The viewers to explain just -- some of fairness and really that's like our right it's about now.

No don't do it again I don't get blocked away -- you might -- because of the probation system it's not beyond a reasonable doubt be allow hearsay.

And you can go to jail for two or three years again foreign non criminal offense.

It's very convenient.

Is it a coincidence.

At this point that this man is in jail for making this stupid horrible video.

Is it consistent with the government's theme.

That the video.

Cause the death of the end.

Are we now it happens are we trying to send a message to the people who did this to -- -- the people who stormed our embassies and and raised.

-- bit you know black.

Flat -- for of al-Qaeda about our embassies and murdered our best and three others that.

We share they are outraged over -- house would deny it the Justice Department would deny it.

The president and others in this administration -- again and time and time again you know said this film is outrages.

But is that the message is the message quiet -- on the Arab street these guys we took care of him.

Not for this film.

But we got them anyway it's the -- in the First Amendment it doesn't stop me if you if you start speaking.

And I don't like -- -- doesn't -- me from.

Yeah and trying to talk over you it does stop the government from trying to stop you from -- -- absolutely correct but the problem we have here is we've got a two time loser.

Bank fraud -- like drug charge.

Yeah there's nothing to recommend him socially politically legally morally a steady clean anyway.

So I was -- -- -- -- -- speak up for him is the ACLU gonna speak up prohibit say.

This is a political.

Prosecution.

He's -- being put in jail because he exercised.

His first amendment rights I'm not here to speak on his behalf the film is stupid and ridiculous.

And sick -- but at the same time let's be cognizant let's be sentient.

Let's be.

Civilized Americans in the sense that we should do everything we can to protect our for a First Amendment.

Eva is for people that we were vial that we hate that we think you're disgusting -- that disgusting movies did -- back out of pressure.

And easy convenient to say that this man in this movie cause the ambassador's.

-- does that fit in.

It apparently does -- see what happens we well the cases happened tried of course -- until now been held without bail that's the situation that blitzer C.