TRANSCRIPT

(151 mins)

[00:01]

Warski: What is going on everyone? Welcome back to another Warski Live. I’ve a new setup still in alpha phase. We’re getting the light fixture fixed as well. But this is part one. But, of course, joining me up it’s still in an out.

JF: Hello Andy! I think you were the only show that gets worse with time, visually!

Warski: Why you think it’s worse?

JF: I mean, I don’t know what’s happening here. You look like you have an eight-bit background that just bugged and then everything became black.

Warski: Yeah. Well that’s supposed to light up. But then when I turned it on, it over exposes everything and is a mess. So I have to get a friggin dimmer installed. Yeah believe me it’s a, it’s been a hectic day for me.

JF: A great debate on the way. Before, I’d like to hear Mike Enoch on the case of the lawsuit against you. I think it’s an important issue regarding free speech and I’d like to hear what’s happening with this.

Mike: Yeah thanks. Thanks for giving me the opportunity. I know we have a big audience here and I just want to make an appeal. I know my politics are controversial and this goes beyond my individual politics, or the politics of the people that attended the Unite the Right rally in Charlottesville this summer.

There’s a lawsuit against us that is essentially an attack on the First Amendment and free speech and internet privacy as well. So these are they’re very powerful and wealthy lawyers that have taken this case and they have attempted to allege some kind of broad-based conspiracy. But, in fact, as they have admitted if you look at press reports about this lawsuit there was something in the New York Times yesterday. There have been various reports on it. They are essentially admitting that they are [02:01] attempting to use the court to shut down the Alt-Right.

To shut down political opposition. The New York Times article yesterday has the lead attorney in the case Reberta Kaplan, who is a very wealthy and powerful jewish lesbian, who has is attempting to shut down the Alt-Right, by her own admission. She is, this is a strategic lawsuit, quote of her “This is a strategic lawsuit”. Integrity First for America which is the group fundamental ng the lawsuit which is a group of about twelve very wealthy jewish lawyers, are admitted that this is a political lawsuit, because the government has not done enough to silence the Alt-Right. This is in the New York Times. They’ve admitted all these things.

Basically they are admitting they do not have a case before the court and this is purely an attempt to intimidate and silence the defendants. And it goes beyond us. You might say, all right, well tough! Look you went up against the wrong people. But it goes beyond us. As part of [03:00] this process. There’s a subpoena issued [03:02] to Twitter. Twitter is a third party they want information on people that’s tweeted certain hashtags. They want all personal identifiable information including email address, IP address, MAC address, for people that may have tweeted certain hashtags. Unite the Right, Free Cantwell, among others.

Now again, you might think I don’t care about these guys. They did something dumb. They went up against the most powerful group of people in the world, and that’s stupid. Maybe so, but if it’s us first, it’s gonna be you next. We’re out here running cover for you, for free speech. And I think we need to get campus free speech groups, the ACLU, any Pro First Amendment group, any Pro Electronic Privacy group, because there is no reason why a person that tweeted out a certain hashtag would add to their case. Like they are alleging something that’s non-existent. They don’t have a valid cause of action before the court and they know it. So if they get these subpoenas granted that’s [04:01] all that they want. So this is in case of Electronic Privacy, your right to privacy on the internet, your right to free speech and this is what these people are attempting to squash.

And I think it’s really very important that everybody gets behind, one in condemning the lawsuit, exposing the lawsuit as was it is. And I’m not asking you to support us. I understand that’s a step that many people don’t want to take. I simply want you to support the principle. Support the principles of electronic privacy and anonymity on the Internet. The right to use Twitter without being subjected to potential political witch hunts based on hashtags that you might tweet. And frankly the right of anybody to speak their mind without suffering this kind of “lawfare”. It’s important to note there is no criminal complaint. This is a civil complaint. JF, I know you’ve talked about the abuse of civil courts before. There’s no criminal complaint here, it’s a civil complaint. Why? Because a standard of evidence for a criminal complaint is much higher. They don’t expect to win this case?

They [05:00] merely want to use the case as a vehicle to get as much information on as many users of the Internet as they can. And I know that amongst those people that have tweeted the hashtags that they’re looking for are people that are not Alt-Right. People that might be pro Trump. People that might be critical of Israel. These are very serious First Amendment issues they cut to the heart of our rights as Americans. And I think every decent freedom-loving American of any race of any political affiliation needs to come out against this website. Call it for what it is. Understand what’s going on. And we need to light a fire under the butts of all the free speech organizations and Electronic Privacy organizations to come out against this!

JF: It’s indeed a very worrying story and, in fact, it’s part of a tendency to use civil courts as instruments of abuse and instruments of quasi police investigation. When they cannot [06:00] get the police to investigate, because there’s nothing to investigate, people are increasingly using in our country the civil courts as a as a bypassing of the law. And, in fact, it makes private agents and judges of civil courts in this country, essentially police investigators, judges at the same time, and agents of this state. It’s absolutely worrying and I fully support you in that.

Mike: Yeah, and it’s honestly in my opinion it’s an insult to the integrity of the court. I mean, these people are basically saying:

“We don’t respect this court we don’t respect this court as a means for citizens to redress damages against each other. We use is this is a course nothing but a political vehicle. It’s just a tool we just want to use subpoena power to get information on our enemies. We don’t care that we’re not gonna win.”

They’re not gonna win. I mean, they have no complaint. The complaint they’re making is emotional distress. That’s been struck down many times. Anyway, well let’s move on.

JF: So your message has been put forward. Andy today we have an amazing debate [07:02] have you been expecting as much excitement as me?

Warski: Oh yeah! The Valentine’s Day Massacre. Is that what we dubbed this?

JF: Yes. Tell your girlfriend it might be the last!

Halsey: Can I comment on the lawsuit?

JF: Yes.

Halsey: There’s one thing that I don’t seem to understand about why we would want to fight against this lawsuit. And just so, you know, I think that an attack on free speech is something that should be defended. I would donate to the group fighting against the lawsuit myself.

Mike: I’m not asking for money, I’m just, ….

Halsey: No I’m not. I’m not putting words in your mouth. Don’t worry! We’ll have plenty to today, ..

Mike: You’ll put words in my mouth later! I get it.

Halsey: Let’s agree to disagree later? Okay, what I’m saying is that a court case cuts both ways. And everything they can subpoena we can subpoena as well and anybody can subpoena the government’s decision-making process, the police records, the orders from town from Terry McAuliffe. If anything I would think this is going to turn out more [08:01] like the Moller lawsuit. It’s going to [08:02] turn out that they want Twitter names of people who nobody gives a shit about, when at the same time we could get information about people that actually we do give a shit about. So I don’t think that it’s such a bad thing that the lawsuit is going forward. I just think it has to be played right, and it can be actually a very good thing for our side.

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