Watch an excerpt of my oral arguments before the US Fourth Circuit Court of Appeals from yesterday in the Walker v. Donahoe case, a.k.a., the AR-15 Open Carry C&$ksucker case. Taken by my legal assistant/ live audience. At issue is whether we have any Fourth Amendment rights left in America, and also whether the AR-15 is a scary black rifle, the mere possession of which turns one into a mass murdering psychopath.
For those who don’t know, here’s the basic way this works. Each side has 20 minutes. Whoever is the Appellant (i.e., the party appealing) gets to go first and last. I apportioned that to 15 minutes first, saving 5 minutes for rebuttal. So I talk for 15 minutes, then the bad guy talks for 20 minutes, and then I get to talk for another 5 minutes. I think both of mine got extended a few minutes due to questions by the judges. I believe the opposing lawyer finished short with time still left on his clock. As for me, I needed about another 2 hours to shoot down all the ridiculous things that were brought up in this case….. This is a “panel” of 3 judges. The other type of oral argument is where all of them sit at the same time and hear the arguments, which is called “en banc.” The way oral arguments work at the appellate level is, they could just let you talk the entire time, in which case you need to be prepared to make a presentation for 15 to 20 minutes (not difficult for me if you’ve watched me rant for 2 hours straight). Or, they could pepper you with questions before you finish your introduction, and engage in a Q&A the entire time. I definitely prefer jury trials……
BTW, this has always been done in the actual Fourth Circuit courthouse in Richmond, Virginia. These are now conducted over zoom for obvious reasons. This was my first zoom argument at the Fourth Circuit.
If you missed it live, you can listen to the recording of the arguments from this afternoon on the court’s youtube channel here: https://youtu.be/M-jhuERWWqg?t=9320
Here’s the original video at issue: https://youtu.be/FidBe0w0dCU
Read more at the website: https://thecivilrightslawyer.com/2021/03/10/heres-what-happened-in-oral-arguments-today-in-the-ar-15-open-carry-case-walker-v-donahoe/
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Great job! This is very important & interesting! Seems 2 me those judges, especially the male, already had his mind made up about this case! Unfair!
You are educating a nation on civil rights under enforcement
Exactly….deference is the problem….absolutely…”too much deference “
Ignorant judge. Has been a lawyer and a sitting judge for how many years? And doesn’t know the difference between semi-automatic and automatic weapons. He must determine that any decision a police officer makes will fall in some “gray area” that he can then allow qualified immunity for not knowing the law. Ignorance of the law for a citizen is no excuse, but for cops, we allow them immunity.
Damn! Another stupid and ignorant Judge!
Well, you represented your client in an excellent manner.
In my opinion, this judge is both ignorant and stupid. He doesn't know what he's talking about, that's ignorance. But, he insists he's right, that's stupidity.
Judge is a confirmed fudd.
Well argued counselor. I wish I could do what you do.
Since when can a judge argue a case…???
Sounds like you are arguing with the cops defense attorney we need to get rid of judges who work as prosecutors and get judges who simply follow the law
The judge needs to be relocated to a position as Janitor asap.
That must be so hard having to basically tell the judge that they are wrong and what they said doesn't make sense while being respectful. I would ask why is it that we give deference to an officer to the extent of making up reasons he may have had probable suspicion while at the same time requiring your average citizen to explicitly state that they are invoking their fifth amendment right otherwise their silence could be taken as something other than an invocation of their right? shouldn't we hold officers of the law to a higher standard rather than a lower one?
This is the problem People.
None of these fools know the law.
Case law is not law.
The Declaration of Independence and Constitution is law.
We the People don't have Civil Rights
We have Natural Rights & no Municilipalty can take them away
The problem is that the judges and the officers supervisor are not telling these dumb ass cops that they are wrong and to stop this shit,
No ar15 is a fully automatic. If it's a fully automatic it is an M16 or an M4, etc.
Even if it was a machine gun, the young man could’ve applied and received the federal tax stamp, allowing to have even if it was a machine gun, the young man could’ve applied and received the federal tax stamp, allowing him to have it a full automatic machine gun. If a gun like a A.R. 15 is full automatic it is no longer classified as an A.R. 15.
Clear case that the evildoers are in all levels of law enforcement as the judge tries to restrict the laws and the constitution.
Is it any wonder that the law enforcement is corrupt and trying to harm the citizens. The judge who is trying to make the arguments of the law should also be able to make the arguments against his own questions, therefore the judge as part of law enforcement is also trying to harm the citizens.
Is the bar really that low for qualifications to become a judge? Those were some seriously low IQ questions.
Wow. Should this guy be the judge on this matter. For one thing he doesn’t seem to know the law but worse than that he has no problem bringing his feelings and beliefs in on this and nothing else is gonna matter. He was giving you more hell than most prosecutors would in closing a murder case. A little worried he is gonna let a little thing like the law go out the window on this one because he doesn’t care what the law is, just what he thinks it should be with that there AR-Machine Gun!!! Lord help us!!!
Sitting here while this judge literally profiles the plaintiff. A "young white man" who is "the type of person who does that sort of thing (school shooting)". I guess if you fit the profile, you don't have rights anymore. 🤦♂️
I'm looking for a lawyer to sue a county ….. Holmes County ohio I'm looking for a real good lawyer. I would have a Hugh case an looking to sue for 10s of millions willing to split the money.
I could watch this all day! I missed my life's calling.
I grew up and live in Nicholas Co, Like the young man in the Video I've walked miles to hunt. The only time an officer ever stopped me while walking was to see the workmanship put into my Muzzleloader. He had a true love for guns. I've even had officers tell me they want more citizens to carry firearms. So, this situation seems weird. to me. this has to be overreach. (The officer in the video should have left his ego at home. And if this is the best Judge, we have I think we are in a lot of trouble.
The judges lack of knowledge of firearms and the second amendment is terrifying
I have said many times the real problem is judges and prosecutors who back up the criminals with a badge
Far too many "back woods" communities in this country do not have the financial wherewithal to justify their existence; much less justify maintaining a qualified police (sheriff's) department. But local politicians feel they have to flex muscle they do not possess just to justify their existence. These deputies need to be educated if the County can afford it or the department needs to be disbanded. If I was a supervisor in that department, Deputy Donahue would be suspended at minimum, for using abusive language toward a citizen.
Are you arguing with a judge or a defense attorney?
That judge has no clue what a damn ar-15 is or any clue how they work. WOW!!!
WV law “authorizes” or Recognizes and protects?
cant hear rhe judge
These judges sound like teenagers debating at Model UN, using emotional arguments (prejudices / bias) instead of relevant facts and law.
These stupid judges have no idea what they are talking about with firearms. Sounds like that one judge obsessed with an irrelevant argument of whether it was an automatic gun or not is about 70 years old and should retire.