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Speaker 0 says they will pursue charges in this case and see various crimes that have occurred, with the FACE Act mentioned as one predicate. He notes that the Biden DOJ used the Klan Act conspiracy charges tacked onto the FACE Act in cases of protests outside abortion clinics to bring longer sentences, and that there are a number of tools available. He asks who funded the operation and what other crimes may have occurred, including possible use of wires or the mails, and whether anyone crossed state lines—all potential predicates for additional federal charges.
Speaker 1 responds, saying he pulled up the Klan Act, the 1871 Enforcement Act (Force Act) designed to counter the Ku Klux Klan and protect African American voting rights, and provides an explanation of its context. He describes the Klan Act as a law that makes it illegal to terrorize citizens or violate their civil rights, or to conspire to violate civil rights. He explains it is often used against law enforcement but now used against others as well. When anyone conspires to violate protected civil rights, the Klan Act can be used to bring a conspiracy charge. He explains that the Biden administration has treated actions as a violation of the Klan Act and a conspiracy to violate civil rights, turning a potential misdemeanor under the FACE Act into a felony under the Klan Act. He cites the example of potential actions by “three grandmas” praying outside an abortion clinic being treated as a conspiracy to violate the civil rights of women seeking abortions.
Speaker 0 adds that President Trump pardoned the pro-life protesters in those cases. He notes he recently defended successfully in the Eleventh Circuit a case called Ora Pesa, involving Jane’s Revenge protests against crisis pregnancy centers in Florida, where the court upheld the Klan Act criminal enhancement to the FACE Act. He acknowledges this is technical, but emphasizes that FACE Act is just the starting point, with additional charges such as material support for disruptive activities, conspiracy to violate civil rights, and potentially the use of other instrumentalities to commit crimes. He asserts that some involved individuals have identified themselves, stating Don Lemon claimed he knew what would happen inside the facility and proceeded to “commit journalism,” implying involvement in a criminal conspiracy.
Speaker 0 concludes that they are gathering facts and that this is a very serious matter. He warns that come next Sunday, no one should think they can get away with this in the United States. He states that everyone in the protest community should know that the fullest force of the federal government will come down to prevent this from happening and to put people away for a long time.