David Shestokas Prosecutor Against Rittenhouse Violated Law Withheld Evidence that Exonerates Rittenhouse 111721

Welcome to Chosen Generation with your host, Pastor Greg Young.

Where no topic is off limits and everything is filtered through biblical glass. And now, here's your host, Pastor Greg. And welcome back to Chosen Generation Radio.

Good to have you. I want you to listen to this clip. I ain't even going to name the people that I know that's up in the Kenosha, I mean in the Kenosha trial. But there's cameras in there.

There's definitely cameras up in there and there's definitely people taking pictures of the juries and everything like that. We know what's going on. So we need the same results, man. We need the same results. Justice for Dante Wright, justice for all.

I ain't even going to name the people that I know that's up in the Kenosha. Folks, that is Cortez Rice. And Cortez Rice is the nephew of George Floyd. And he is saying that he has evidence and is gathering evidence, getting these communications from jurors in Wisconsin in the Kyle Rittenhouse case. Now, there's a Twitter post that talks about a Wisconsin class one felony, 946.64, communicating with jurors. My guest, David Chisokas, is our constitutional attorney.

He's also a former prosecutor. We want to talk about the Rittenhouse case. We also are going to be talking about the letter that was delivered by Congress to Merrick Garland demanding an explanation for a whistleblower.

And let me read this to you. We have now received a disclosure from a department whistleblower calling into question the accuracy and completeness of your testimony. The whistleblower provided an FBI email dated October 20, the day before your testimony, and sent on behalf of the FBI's assistant director for the Counterterrorism Division and the assistant director for the Criminal Division. The email, which is enclosed, referenced your October 4 directive to the FBI to address school board threats and notified FBI personnel about a new threat tag created by the Counterterrorism and Criminal Divisions. The email directed FBI personnel to apply this new threat tag to all investigations and assessments of threats specifically directed against school board administrators, board members, teachers and staff. The email articulated the purpose as scoping this threat on a national level and providing an opportunity for comprehensive analysis of the threat picture for effective engagement with law enforcement partners at all levels. And what is a threat? We are going to vote you out.

David Chistokas is my guest. David, it seems that we have a very unlawful, a lot of unlawful things going on here. You know, a lot of unlawful things going on. And certainly the whole situation regarding the potential boxing of the jurors is certainly frightening because, of course, then that descends into a little mob in terms of what impact that may or may not have on the trial depends upon, frankly, whether or not the jurors are aware of these things and these threats. There's certainly people in the Twitterverse that says they, you know, there's a U.S. marshal that says, you know, that they're investigating these kinds of things. But we don't know whether or not the jurors are aware of this situation. But then we'll just have to wait and find out.

It's bad. It's bad enough when there's lawless people on the street, but perfectly honest with you, it looks like the prosecutors for against the count to the state of Wisconsin have been at least as lawless as anybody else during the course of this situation. There's a brand new motion to have a mistrial declared with a with prejudice. That means that they would not be able to reprosecute Kyle because of the if you follow the trial.

The linchpin for the prosecution has been this drone video, which allegedly shows and shows now is pointing his gun at it. I forget the names, but this other this other couple and that gave them the ability to get what they call a provocation, a provocation instruction to the jury. But the new motion filed overnight says that the that the video quality given to the defense was not the same as the video quality that the prosecution showed in the courtroom. But it was, you know, I forget the megapixels, but it was like three point two megapixels quality for the defense got an eleven point two of the video that was shown in the courtroom. So they're not they they showed evidence in the courtroom that they didn't share with the defense. And it's and it's essentially the linchpin in the whole case.

And that's that's a really serious violation of of both professional ethics. And of course, Mr. Rittenhouse's constitutional rights to what they call Brady material, because the apparently the quality video allows for a better vision of what you would see. And apparently in the quality of the video, it's quite clear that Rittenhouse wasn't pointing his gun at anybody the way they were able to argue because of the messy videos that they presented in the first place. This is why, you know, as a as a as a as a prosecutor, as a member of the bar, is that as an attorney, that's the this is as much disturbing.

So, you know, so let me say yes. So let me let me hone in on on on what you said there, David, that I this I understood it. The the video that they presented blurred and and they attempted to make the argument that Rittenhouse had somehow pointed his weapon at this couple. And that was the justification for the response from the couple, wherein the actual video with the corrected number of pixels and clarity clearly shows that Rittenhouse never pointed his weapon at this couple. Subsequently, the defenses or the prosecution's argument falls flat based on the video evidence.

That's that's exactly correct. And they did not present the they did not get that to the defense to the actual quality video until after the evidence was closed. Essentially, the trial and the arguments were done. This is just that orders on criminal, if I might, if I might say so.

It's just really, really disturbing. And I would suggest that that there's some other things where the prosecutors walked up to the edge and were punished by the court. We saw a pending motion from this trial with that with prejudice. But this really, frankly, if it is, if it is, it says in the defense motion shouldn't cause a dismissal because that is the only I mean, that is why they got what they call a provocation, a provocation instruction, which really muddies up the waters. Well, because because they're their main witness stated on the stand that he that Rittenhouse didn't react to him.

This is the guy, the only the one that survived that got shot in the arm. Right. That he pointed his gun at Rittenhouse, approached him pointing his gun at Rittenhouse, and that was the point at which Kyle reacted to a gun being pointed at him. Oh, that's exactly right. Regarding that Gage Gross quotes, of course, he says he admitted that he pointed his gun at Rittenhouse's head before he got shot. So that that one is kind of easy.

But if you back all the way up to Rosenbaum. Yes. And and if I remember correctly, this other couple's name is Shamansky and allegedly the video shows shows Rittenhouse pointing his gun at Shamansky. But it's because of the because of the changes in the quality of the video. Sure. That was presented to the defense when in fact the prosecution had a better quality video that clearly exonerates Rittenhouse, the defendant. Yeah.

The idea of the provocation defense is he pointed his gun at somebody and because he pointed his gun at somebody, the balance of the attacks against him, he cannot claim self-defense. And it's crucial. It's crucial to this. And they they actually presented false evidence. At least that's the motion that was filed overnight. And it's the linchpin of the whole argument. Right.

Right. From from the legal perspective, then the other side to this is very clearly. I mean, there's no question from witnesses who have come forward that have been there talking about how there are individuals outside of the courthouse that are yelling loud enough to be heard in the courthouse threats against the jury. Should they acquit Rittenhouse? Yeah, that's a that's a whole nother that's a whole nother issue and whether or not that it's accurate in terms of the jurors. And I and I certainly don't know what security has been given to jurors otherwise, because they're not supposed to have been going to and from home. Absolutely.

Absolutely. So they're not I don't know what other kinds of security they've been given or what other circumstances and whether or not people are yelling at them when they when they're in their cars or following them out. I don't there's no reporting on any kind of harassment in or around the court. So to the extent that the jury is aware of these things certainly has had an impact on whether a whether mistrial would be declared. But a mistrial being declared because of undue influence on outside sources against the jury is not the same as a mistrial declared for prosecutorial misconduct. And what you're talking about is is just one because last week when we were talking, you were talking about, you know, again, relative to the idea that we are entitled to a Fifth Amendment defense.

The Rittenhouse was advised by his counsel after the events took place not to speak to anyone relative to that. And and that was something that the judge had said is off limits. You cannot use someone's Fifth Amendment right and then superimpose the concept that, well, because they they were not speaking to law enforcement, that means they must have been guilty. And yet this prosecutor in his cross-examination attempted to put that into the record.

That's exactly right. Now, he made a he made an inference and he asked a question about a two week past the extent is he coached it. And, oh, well, this is the first time you're you're having the opportunity to tell your side story, which the implication is, of course, he chose to exercise the Fifth Amendment right through the last year and a half. And that is utterly off.

It's been off limits and Gideon versus Wainwright and Miranda versus Arizona about 60 some years ago. And it's not it's not anything new. And that's that that was on the edge. But if they actually literally tampered with evidence, this is that's even that's even worse. Right. I mean, it was bad.

He tried to hint at it, but tampering with evidence is just obscene. Now, I want it when we come back, folks, we're going to talk about the FBI being weaponized against parents who are stepping up at school board meetings to insist that school boards and schools stop propagating hate and and other perversions against their children. We'll be back to talk about that right after this. You're listening to Children's Generation Radio.

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Use the code chosen. Patriot Mobile dot com forward slash chosen. Now, back to Chosen Generation with your host, Pastor Greg. Pastor Greg. And don't forget, you can get more Chosen Generation at www.chosengenerationradio.com. And welcome back to Chosen Generation Radio. I'm your host, Pastor Greg. Thanks so much for being here. I do know you have a choice of where you can listen each and every day. And I thank you for keeping it tuned here.

David Shostakis is our guest. Well, folks, there is a memo that that is out or a correspondence that is out that clearly shows from Congress a letter directly to Merrick Garland demanding an explanation as to why an FBI whistleblower has produced the document. A joint message from Criminal Investigation Division and Counterterrorism Division.

And I'm looking at a copy of it. And it basically is is from a Carleton Peoples to FBI SACS, CCJ Greenberg and Calvin Shivers and Brian Cohen and so on and so on. Guidance threat to violence against school administrators, unclassified.

But it is the it is a copy of the memo that is discussed in this letter. David, this is the armament of the Federal Bureau of Investigation against parents for expressing the constitutional right to redress government and and and the quote unquote threats of violence that they refer to are something as simple as, hey, you know what? We're we're going to vote you out.

We're going to vote you out for what you're doing to our kids. That is their idea of a threat of violence. That sounds to me like normal protected constitutional free speech. It sounds like regular what politics ought to be.

You're exactly right. Beyond that, how horrible it sounds in terms of what the what they're trying to do. They just don't have any authority anyway. You know, they have no there's something called the police powers that are exercised for the health and safety of the people that belong to the state. There is no authority for the federal government to patrol school board meetings. You know, as an example of that, generally speaking, there's supposed to be some connection to interstate commerce for the for the Congress to act or for the federal government to act. A few years back, there was a federal law prohibiting gun possession within 500 feet of a school. The Supreme Court said, you know, that has absolutely nothing to do with interstate commerce. You have no authority to be doing that.

And this is this falls in the same category. They they just simply don't have any authority, however horrible the memo is. Just the thought that they are, in fact, in violation of the Constitution because they don't have any authority to exercise over local school boards or even the conduct within the school board meeting.

Would indicate to me that they are just as lawless as the now the prosecutor in the Rittenhouse case. Well, another another piece is just to throw this in and get your thoughts on, too, is the NSBA, the National School Board Association, by their own admission and that of the White House was coordinating with the White House in order to basically put this in place and on the FBI as a as a political arm. This is very similar to what we watch the FBI do in in its assault on on James O'Keefe and Project Veritas, where all the evidence seems to point to that this had to do with the diary of the daughter of the president. And there's no evidence that Veritas or James O'Keefe did anything illegal. And in fact, several weeks before this breaking down his his door of his home happened that he had already gone to law enforcement and turned in the items saying, I don't know who's this is or what this is or if this is even real. But we determined via our legal counsel that we are going to do anything to report on it, which we could, because that's what investigative journalism is. And it was provided by a whistleblower who found it. But we're not going to.

We're giving it to you to return to whoever its rightful owner is. You're absolutely right. And there's these people who know our laws in the White House are utilizing the federal law enforcement authorities as like their personal errand that voice, even if it's simply with threats, you know, in terms of the coordination. And as you know, if NSA wants to, you know, try and try and show, you know, their policy and trying to help that, who should turn that down, though?

Right. It's in fact, it is, in fact, the federal government. They should have got a letter back that says, listen, we have no authority to send an FBI agent into a local school board meeting or or investigate local school boards.

I suggest you call your your state attorney, your district attorney, your county attorney, or your local law enforcement authority to, in fact, investigate whatever complaints you may have, what's going on. That should have been the response. Not that the counter-terrorism of the FBI on citizens exercising the First Amendment rights. Because to do that, David, to do that, then, is to suggest that parents are somehow a coordinated national terror organization. Think about that for a minute, folks. You're the parent of a child who communicates with your school about concerns you have regarding their education. And so because of that, you are now joined, according to these memos and this concept, a national domestic terrorist organization entity.

And yet the director of the FBI can't see clear that Antifa is, in fact, a terrorist organization, nor the BLM. Folks, it's scary. All right. More to come. Thank you, David. Are you getting up in the morning feeling like you and your bed had a bad night, still tired? Stop.

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