All Episodes
Previous Next
Oct. 30, 2022 - Lionel Nation
34:50
Examining the Paul Pelosi Attack From A Prosecutor's Viewpoint
| Copy link to current segment

Time Text
The storm is coming.
Markets are crashing.
Banks are closing.
When the economy collapses, how will you survive?
You need a plan.
Cash, gold, bitcoin, dirty man safes keep your assets hidden underground at a secret location ready for any crisis.
Don't wait for disaster to strike.
Get your Dirty Man safe today.
Use promo code DIRTY10 for 10% off your order.
When uncertainty strikes, peace of mind is priceless.
Dirty Man underground safes protects what matters most.
Discreetly designed, these safes are where innovation meets reliability, keeping your valuables close yet secure.
Be ready for anything.
Use code DIRTY10 for 10% off today.
And take the first step towards safeguarding your future.
Dirty Man Safe.
Because protecting your family starts with protecting what you treasure.
Disaster can strike when least expected.
Wildfires, hurricanes, tornadoes, earthquakes.
They can instantly turn your world upside down.
Dirty Man Underground Safes is a safeguard against chaos.
Hidden below, your valuables remain protected no matter what.
Prepare for the unexpected.
Use code DIRTY10 for 10% off and secure peace of mind for you and your family.
Dirty man safe.
When disaster hits, security isn't optional.
My friend, the incident regarding Paul Pelosi is a perfect tutorial from a criminal law point of view.
The perspectives, the analyses, it's just replete with this very rare and unique opportunity for us to get into this.
Irrespective of the usual discussions, we're talking just legal.
Imagine we're having a law school class.
Or, imagine I'm the prosecutor, you're the assistant.
Or I'm sitting across from you as a defense lawyer, representing this fellow, the alleged perp, the putative assailant.
What are the considerations?
What are the charges?
What are we looking at?
That's the most important thing.
That, to me, is so interesting.
And something that I want to begin with right off the bat.
Because, irrespective of Any kind of political, socioeconomic reviews, which are certainly valid and interesting.
I want to talk about the charges here.
Burglary, residential burglary, attempted homicide, depending upon the jurisdiction, aggravated battery, minimum mandatories.
What about claims of insanity?
What about motivation?
What about can you get a fair trial?
In my private channel, I went through a very thorough review of it, a little bit more full-throated.
But you get an idea of all of the things, all the check marks.
This is something like doing a bar exam.
You start writing out all the issues.
All the issues have come to mind, which I'm going to be going through with you very, very carefully because it is absolutely interesting.
Thank God the injuries, those severe, We're not worse.
Thank God.
Because when you have someone who is involved in a residential burglary, somebody who comes into a home, this is something that changes the calculus of it tremendously.
And we'll get to that immediately.
But friends, I want to say to you as the world becomes more and more perilous and dangerous and frightening, With every passing day, it's time to make sure that your family is prepared for severe food shortages ahead.
That's why MyPatriotSupply is going the extra mile to make their emergency food as affordable as possible.
How?
They're taking $250 off their three-month emergency food kit, which is the minimum your family should have.
This kit provides delicious, easy-to-make breakfasts, lunches, dinners, drinks, and snacks for one person for three solid months.
Get one for each member of your family while you're able to save $250 during this timely sale, which ends soon.
Remember, my Patriot Supply is the nation's largest preparedness company with millions of families already protected.
These three-month food kits are in stock and ready to go.
Your order ships fast, free, and arrives in unmarked boxes for your privacy.
So go to preparewithlionel.com preparewithlionel.com Those who know what's coming are using today to prepare.
Are you?
preparewithlionel.com All right.
We've just been presented the case.
Hypothetically, what do we have?
What's the main charge?
Burglary.
Start with burglary.
Burglary.
Burglary is defined in common law as the entering or remaining in a building structure or conveyance with the intent of committing a defense therein.
Wait a minute.
Hold it.
Hold it.
What?
He wasn't trying to steal anything.
Don't have to steal anything.
Not for burglary.
The entering.
Or the remaining in a structure, conveyance, car, train, or dwelling, home, with the intent to commit an offense therein, inside.
And I like the fact that it was, they added onto it, the entry or remaining.
Because people would come into a store, The State Department's door.
They would secrete themselves, hide in the dressing room or warehouse.
And then when everybody closed up for the night, then they came out.
And they did their nefarious, dirty stuff.
Fascinating.
Fascinating.
Now, in the old days too, a common law.
The original, the original burglary.
You had to break...
Breaking and entering.
Remember that B and E?
You had to break something.
You couldn't just walk in.
You had to break something.
A lock, a door, a window.
You don't need that anymore.
Plus, at common law, it was at night.
It was at night.
You had to break and enter at night.
And it was a dwelling only.
And you had to intend to commit a felony.
They got rid of that.
So if you intend To commit something inside, I'm going to assault somebody, I'm going to kidnap somebody, I'm going to hit somebody, I'm going to kill somebody, I'm going to rape somebody, I'm going to hurt somebody, I'm going to steal something.
And, this is the best part too, what if they catch somebody just right at the beginning?
What was I intending to do?
Well, many statutes say that if they catch you, In what appears to be stealth, stealth, then an intent to commit something inside is presumed.
So they got that one taken care of.
Now, sometimes it gets interesting.
I like the defenses.
Where does your property start?
In a dwelling, in a home, do I have to go inside?
What if I'm on the property?
What if I say, you know what?
I'm going to breach the wall.
There I am in the front lawn.
You got me.
Do I have to go into the home?
Do I have to?
It depends.
Remember, the legal answer to 99% of every legal question, the correct answer is, it depends.
It depends.
It completely depends.
It depends on a lot of things.
It depends.
Now in the old days, listen to this, there was something called the curtilage.
The curtilage.
The curtilage was the area that immediately surrounded the home and the structure or what have you.
And it was normally considered to be that distance, which was the distance of an arrow.
The distance that you would prevent or rather protect your property.
So therefore, you could enter that home or enter that particular land and not actually go in the house if you breached the curtilage.
Now we're really, believe me, I don't want to do any prosecutions of the curtilage.
You can have that one.
That's trespass.
Remember, prosecutor, give me a strong misdemeanor.
Versus a weak felony.
I don't want to have any kind of...
I don't like to call them wobblers.
I don't like those.
I want something strong.
Something real strong.
Also, a lot of prosecutors will overcharge you, hoping to God you'll come along and say, you know what?
We're just going to drop the...
We're going to drop the...
Anyway.
We're going to, you know, plead to something that's more reasonable.
Pray to God.
Okay, I'll get rid of the attempted murder.
Attempted murder?
Yeah, I'll get rid of that one.
If you plead to the burglary, okay.
And of course the client says, hey, that's great.
As opposed to attempted murder.
Which may be the case here.
Remember something?
Listen to me.
What you think you know, you don't know.
What you think you know, you don't know.
You don't know anything about this case.
You don't know what was said.
You don't know the evidence.
You just don't know.
And you shouldn't because all of that comes into play.
So burglary looks interesting.
By the way, burglary.
More on that.
This is interesting.
You know, sometimes burglaries really aren't burglaries.
Let me give you an example.
Let's assume you're...
Walking along, all of a sudden it rains, skies open, and it's a torrential downpour.
And you find yourself absolutely just hit with this gully washer, or whatever you want to call it.
This incredible torrential rain.
And you look and there's a porch, front porch.
And you go up on it, it's covered.
And you go up on it, and you wait just for the rain to...
To subside.
Cops come.
There you are.
Is that burglary?
Well, let's go back and do it.
Let's go back to the elements.
Did you enter or remain?
Yes.
In a structure or a dwelling or a conveyance?
Yeah.
But do you intend to commit an offense therein?
No.
I didn't want to do that.
I didn't want to go in to...
To steal or to hurt?
We just want to get out of the rain.
So it's trespass.
Trespass?
Is it trespass?
Yeah.
But he was just trying to keep driving.
So, did you give him permission?
No.
But there's a defense.
What?
Necessity.
Maybe.
You've committed trespass all the time.
Do you ever go down a road, turn down a road, and you're looking for Halloween lights or Christmas lights, and you...
You turn and you go, oh my God, it's a cul-de-sac.
It's a dead end.
I've got to turn around.
So you pull into somebody's driveway, you back up, that's trespass.
They didn't give you permission to do that.
That's trespass.
But it was a necessity.
You had to go there to back up.
Anyway, so there's always these wonderful defenses.
I love it.
Here's another great necessity defense.
You were in a prison.
And they have the daisy chain, you know, where you are all chained up.
These have them where you're locked up to the guy in front of you and you're chained.
And as you're moving, all of a sudden somebody decides they're going to run for it.
And the first two people started to run.
So you run too!
Because if you don't, you'll be dragged, and it wasn't your idea.
That's necessity.
How about this?
Escape.
You're in a prison, and the prison catcher's on fire, and you escape to save your life.
That's necessity.
So there's always something there.
Now, you have the affirmative duty to prove that.
They're not going to just let you say, well, it's obvious to us.
Oh, no, no, no.
You think it's necessity, Mr. Barry Mason?
You prove it.
So let's go back to Paul Pelosi.
Burglary?
Absolutely.
Why is this even more frightening?
Anybody who enters a home, it changes the calculus of everything.
It's one thing to break into a car, break into a place, but to break into a home at 2 in the morning at a place that you would presume, presume is pretty well protected or monitored, maybe with armed inhabitants.
So this person, you can presume, most likely, had the intention of meeting and addressing and dealing with somebody who was inside.
Oh, home invasion is so dangerous.
You're talking about...
What did you intend to do?
You were going to kill this guy.
What did you intend to do?
And if Nancy Pelosi showed up, what's this lunatic going to do?
This is very serious.
That's why, as one client I had years ago court appointed, he was a home invasion robber.
Or burglar, burglar, burglar.
And he said the only thing that really concerned him was a dog.
Everything else didn't really...
Burglary alarms, they come and they go.
And by the way, very interesting.
Good move on the part of Pelosi, Paul Pelosi, and the dispatcher, because they say he was speaking in code.
The dispatcher was recognizing the fact that this is not just some welfare call.
This is a code three, get there immediately.
Very, very interesting.
So that was good.
By the way, a couple of things very quickly.
I've done some shorts on this before.
Not that this matters, but here's one for you.
You know, sometimes if there's an element of the crime that's missing, it's not the crime anymore.
For example, robbery.
Remember, you don't rob a house.
You rob people.
You burglarize homes.
You burglarize cars.
You burglarize structures.
You don't.
You don't rob a house.
Why?
Think arithmetically.
Robbery.
Is assault plus larceny.
What does that mean?
Larceny is taking something that's not mine.
But if I place you in fear of imminent threat, of danger, I hit you, strong arm, arm robbery, and I take your wallet or your purse or whatever it is, and you relinquish control because of fear, I'm putting you out, give it to me now!
Well, it's larceny, but it's fear.
It's an assault.
So A plus L equals, you know, R. It's robbery.
What happens if you're asleep?
And I see you've got a gold chain.
And I walk up and I grab it.
Is that robbery?
No.
You weren't placed in fear.
No.
What happens if you're walking down the street?
This is robbery now, not burglary.
So you're walking down the street.
And I see a gold chain on you, and I come from behind you, and I grab it, and you realize, and I'm off.
Is that robbery?
No.
Because the force that I utilized was that responsible in order to remove that chain.
Check your jurisdiction, but most of the time, this applies.
Because there was no fear there.
I just grabbed it.
Now if I say, give me your gold chain, that's a different story.
There's all these little things like, well, I didn't know that.
Here's one for you.
I had this happen to me one time.
Had a Korean, this was years ago, had a Korean veteran at a 7-Eleven robbery.
I said, sir, were you placed in fear?
He goes, absolutely not.
I was in combat.
I'm a Marine.
What happens if somebody said I wasn't placed in fear?
Does that matter?
Nope.
Why?
Because it's the objective test.
Would a reasonable person be placed in fear?
Not necessarily subjective.
Now we get into some really tough stuff.
What about somebody who's blind?
Who didn't even see you?
Well, probably not.
I'm not trying to be priggish and nitpicking.
I'm telling you, this is the law.
This is what you've got.
And that's why no matter what you do, no matter what you do, you read that statute.
DUI, speeding, theft.
Read the statute.
Let me give you a quick example.
Years ago, there was a case years ago at Tampa Stadium.
We had one of the first, I guess, Super Bowls.
And you can imagine there were a lot of cases of people who were asked to leave who didn't.
They were drunk or drinking.
And they were given a trespass charge.
Citation for trespass.
Trespass was...
Trespass, of course, is a lesser included of burglary.
You have to trespass in order to burglarize.
But it's trespass plus something more.
You trespass plus you intend to commit a defense therein.
And then it becomes Berkeley.
It's all mathematical.
To me it's very arithmetic.
Very linear.
Okay.
So all of a sudden we have like a million, a lot, of motions to dismiss.
Because they didn't leave Tampa Stadium.
I said, what's going on here?
So we read the definition of a structure.
Do you think Tampa Stadium's a structure?
Do you think Yankee Stadium's a structure?
I would think so.
Well, the statute said a structure is a building, permanent or impermanent, that has a roof over it.
There is no roof over it.
Yankee Stadium is not domed.
Is it a structure?
No.
Parts of it have a roof.
Like what?
When you go to the concession area, what do you call that?
That's the ceiling.
Or the bottom of the floor above you.
You get into these things.
Who knew?
Well, it turns out there was a special statute that was passed.
Read, read, read the statute.
Whatever you're charged with.
Oh, years ago, years ago, I had this, I got popped in Jersey for, you're not going to believe this, this is so weird.
If they have, you know those metal frames?
Around your license tag?
I'm driving the Yugo, a stretch.
Maybe I figure that's why you pull me over, because it's pristine.
Anyway, there's a metal kind of frame that you put your license in.
New Jersey has a statute that says, nobody's ever read this thing, that says if any portion of any writing is obscured, not totally obscured, at all obscured, by any frame, whatever, That's a violation.
It's non-moving, but it's a violation.
Then they can pull you over.
Ah, pretext.
Ah, that's a good one.
Everybody's frame, the frame you get with your car, you know, Lindemann Ford, or whatever the name of it is, you know, even though it...
The top that says New York or New Jersey or Florida or whatever the distinction is, if it's in any way obscured, in any way blocked or cut off by this frame, it's illegal!
Even though you can clearly see what it says.
It doesn't matter.
It doesn't say how obscure it.
They even have one that says you can't hang...
Handicap, what am I trying to say?
Those lanyard devices, those tags, you can't hang it from your rearview mirror, even though they tell you to do that.
Read the statute, no matter what it says, no matter what you think it says, no matter what.
Do you have cameras in your place?
Speed cameras?
Read it.
Read the statute.
Read about it.
Do they have to be calibrated?
Do they have to be...
Well, do they have to ID you behind the wheel?
How do you know I was driving?
If I'm driving your car and I'm speeding, they ask me a license and registration.
I get the ticket, not you.
So when you see a car and I can't make out who's driving, how come you get a ticket for a speed trap?
Learn it.
Think.
Don't presume anything.
Don't presume because when we presume, We make a pre out of Sue and me.
Alright.
Back to Pelosi.
Burglary.
Attempted homicide, I think is one.
Elder abuse.
How about that?
Boy, they were feeling...
Thanks, Paul.
Elder abuse.
Okay.
Tag it on.
Oh, yeah.
We used to have a great one.
Armed or assaulted burglary.
Life felony.
Florida has the best statutes.
I mean, brutal life felony.
I'll pack you away for life.
Now, is he crazy?
Is he crazy?
What do you mean crazy?
Is he insane?
Is he legally insane?
Is that what you mean?
Is that what you mean?
Well, is he so insane that this might Preclude or make unavailable any kind of criminal charge?
Well, yeah, sort of.
Well, what do you mean by this?
What do you mean?
What exactly is this thing called?
Well, you know, crazy.
You've got to be crazy to do that.
Do you?
Do you have to be crazy?
To do what he says?
Well, what about what he said?
Did he say some crazy things?
Yeah, he said some crazy things.
Does that matter?
Does that matter?
I don't know if it matters.
Well, you've got to be crazy to do something like this, right?
Do you?
I think.
I don't know.
I'm not sure.
Well, let's start off with this.
Remember this.
Take it from me.
If you're planning the insanity defense, forget it.
Forget it.
Just forget it.
It never works.
Never.
It never works.
I don't think it was intended to work.
I swear to you, I don't think anybody even wants this to work.
I don't think anybody's ever even been remotely successful with this.
What does it mean?
Good question.
Are you so saddled, so labored by mental illness that you are unable to appreciate right from wrong?
That's the McNaughton rule.
Right from wrong, huh?
Right from wrong.
Do you think this assailant, this bad guy, knew right from wrong?
Did the police, when the police came, did he run?
Did he hide?
Yeah.
What was he hiding from?
If he didn't think anything was wrong.
Okay.
But what if he was, but what if he was, what if he was hearing voices?
Prove it.
What if, what if he was running, but he was running from Battlestar, Galactica, Protocyclotron, Megatrons, or whatever?
Prove it.
Good.
That's your burden.
Go ahead.
Have at it.
The worst is when, for defense lawyers, when your client tells you, yes, I pushed this person in front of a subway because the voices told me to do so.
I didn't want to do it.
I knew it was wrong, but the voices told me.
Good luck with that one.
That's...
Does that work?
Well, you knew right from wrong, but the voices told you?
Well, what voices?
How loud were they?
Were the voices threatening you?
Did somebody just tell you to do something?
Good luck.
The insanity defense never works.
It's never used, never works.
John Hinckley John Hinckley was the last of the Mohicans.
Why?
Because in D.C. they used a version of the insanity defense that was so the standards, like the Durham rule.
They used to have all these different ones.
The ALI, ABA.
Rule, the Durham rule, the irresistible impulse rule, the McNaughton rule.
So that doesn't matter.
Good luck with that one.
Good luck.
And now, what about motivation?
What motivates you?
Who cares?
Who cares?
I don't care.
From a prosecutor's point of view, I don't care.
Was it the Bible?
Was it a TV show?
Was it a song?
Was it a...
And historical event?
I don't care.
Prosecutors don't care about motive.
Motive and opportunity.
What does that mean?
They always say that.
Motive and opportunity.
It's intent.
Did you intend to do that?
Yeah.
Fine.
I don't care what motivated you.
Doesn't matter to me.
You can discuss that in other fora, but from a point of view, no.
Here's the question I want to talk to you about.
But first, you're going to love this last one.
But first, let's talk about MyPillow.com.
MyPillow.com.
MyPillow.com.
Promo code.
Special promo code.
Lionel.
MyPillow.com.
Right now, the MyPillow Giza Dreams sheet set.
Have you seen this?
The Percale sheet set.
The Overstock sale.
MySlippers.
The Towel sale.
Of the year.
This year.
MyPillow sandals.
MyPillow's as low as $19.88.
MyPillow mattresses.
Save 50%.
Towel sets.
Regular price?
$89.98 for $39.98.
Think about this.
Plush blankets.
Beach towels.
MyPillows.
Sleep systems.
Mattress toppers.
Down blankets.
Sleepwear.
Loungewear.
You name it.
Go to MyPillow.com.
MyPillow.com.
Promo code Lionel.
Special code.
MyPillow.com slash Lionel.
Go.
Or if you insist, and I understand this, if you insist upon making a telephone call, taking out the old rotary, call 800-645-4965.
That's 800-645-4965.
MyPillow.com.
Promo code Lionel.
Okay, here's the one for you.
Here's the best.
You're a judge?
The defendant's lawyer says, we cannot get a fair trial in San Francisco.
We want a change of venue.
Change of venue?
A change of venue.
There's no way this person, no way possibly, can get a fair trial in San Francisco?
No.
When Nancy Pelosi lives here, Well-known, popular Speaker of the House, the husband?
No way.
Not only that, they may have other...
Because you can always think that maybe there's negative.
You might say negative maybe because of his various mentions in the news.
Maybe it's not necessarily favorable.
But maybe the prosecution never does this as well, by the way.
The prosecution never says, we have to change a venue.
Let me just tell you this right off the bat.
That is over with.
That is over with.
If you want to do change of venue, forget it.
Just forget it.
The last time I heard anything of any Might have been a Supreme Court case, but the best one ever was Murph the Surf.
Remember this one?
The Hope Diamond, whatever.
They came into New York and they stole it.
Murph the Surf.
Jewel thief, guy with the glasses.
They were all surfers.
77 Sunset Strip kind of a deal.
That was interesting.
Let me ask you a question.
Let's say I'm the judge in Europe.
What planet would you like to go to?
Where would you like to go where nobody's heard this?
Heard about it?
Where?
Where?
Well, Your Honor, this is different.
I'm talking about moving the venue from San Francisco.
Really?
What?
Well, the...
The what?
The newspaper coverage?
The TV coverage?
Do you think that's it?
Oh yeah.
People are reading the newspaper?
What are you talking about?
Where would you like to go?
Well, nobody's heard of this.
You can make an argument, but I submit to you.
I submit to you that with the exception of somebody so beloved that I can't think of John Kennedy or something.
Most people, most jurors are able to say, I can listen to this.
Good, bad, or indifferent.
Let me hear the facts of the case.
Jurors are better than you think.
I know nobody wants to think that, but it's absolutely true.
They are better than you think.
Once they get there, you'd be surprised how they can sit there and say, I'm not here to judge whether this one's a good person or that one's a good person.
I'm here to answer a particular issue.
A particular issue, a particular aspect, a particular focus.
That's it.
I'm not here to ask, to answer anything else.
So, think about that one.
Again, if you'd like more of a deeper look at this, because all this is going on right now, go to my private channel at lionelmedia.com We also remind you to go to Please See, go to Lynn's Warriors on YouTube at There's
a lot going on, some great stuff in the legal world.
We're going to be talking about...
What you should know about the Tom Brady divorce.
But not only that.
Divorce in general.
The legal aspects of what is in matrimonium ducere, as we used to say in classical Latin.
What is that about?
How does that work?
What is it to be married?
Legally.
Not spiritually.
From a popular point of view.
But what is the status?
We'll be talking about that because, believe me, that is something that you will find thoroughly fascinating.
Please, if you like this, please like this video.
Subscribe to the channel.
Comment below.
We love your thoughts and comments.
We'll see you again tomorrow.
Same bad time, same bad channel.
9 a.m. Eastern Time.
Until then, the monkey's dead.
The show's over.
Suya!
▲
Export Selection