When judges independently evaluate evidence and determine there is no probable cause for an arrest warrant, even when prosecutors appeal, the judicial system's checks on prosecutorial power protect constitutional rights such as First Amendment freedoms.
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@TheDonLemonShow Reporter Indicted Despite Judges Denying Arrest WarrantAdded:
Again, as I said, in in my lead-up to getting to you, that before they even got to an indictment in my case, prosecutors went to a judge and they tried to get an arrest warrant against me. And then they swore an affidavit that I had violated the law. The judge read that and they said, "No, not at all. No probable cause, nothing here."
And so, what did they do? They appealed.
Because I say this was never really about the law, about following the commands of President Trump at the Justice Department. So, certainly what they did, the appeals court said no to that, too. And then somehow they got a minister to grand jury to bring this indictment.
>> That's the part that is highly unusual.
You go to the magistrate judge, and he says, as it relates to you and your producer, "No.
I'm not issuing an arrest warrant." And says you're doing your job as a First Amendment reporter, and I'm not I'm not issuing it for you. They don't like that. So, they go to Judge Schiltz, the chief judge in in that district, and he says, "No." Not only that, I thought he he absolved you in his order. The chief judge absolved you, I felt, the way he referred to you and what you were doing, and basically saying there is and I'm sure your lawyers know. And then somehow from there, as you said, Lord knows what they said to the grand jury to get them to indict you. I was shocked by that, cuz if they were being fair and honest in their presentation, even as prosecutors, I don't know how you could be indicted.
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