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Justice department's theory here is the obstruction of a congressional proceeding. were that theory to have been knocked defense it would have been a problem. the judge dismisses that you can claim violence in an attempt to overthrow the election was a first amendment expression. that's been put to recht here. in the criminal case, that appeal is not going to be available to them normally until after there's a conviction. this should clear the road for the prosecutions. >> what can we expect from some of the high profile january 6th trials that are set to begin in january? when are we going to...

Takes the military some time before they can deploy folks in support of a crisis. so they're serving those requests as a way of likely getting the military to rally their folks up, have people ready to assist if necessary. as far as the permission structure to do something like this, in the nation's capitol, as a law enforcement professional, you work on a very delicate balance of respecting and facilitating everyone's right to first amendment expression, but also trying to do so in a way that doesn't brings violence or danger to anyone else. so, i don't think there's anything inappropriate ab...

Obstruct -- >> you said they did not commito a felony. >> laura: hold on. leo, are you saying that if a person at another line of work who happened to be a minority who is surrounded by a bunch of people, maybe they happened to be nonminority, and they are masked people but they are surrounding them, at least temporarily, blocking their way, you would not find that to be threatening? i know a lot of people who would find that threatening. let alone if it is surrounding a law enforcement officer. >> laura, you are a good lawyer. a situationsi is different. bernie has to admit. these are officer...

Words surrounded by a bunch of people, maybe they happened to be nonminority, and they are mass people but they are surrounding them, at least temporarily, blocking their way, you would not find that to be threatening? i know a lot of people who would find that threatening. let alone if it is surrounding a law enforcement officer. >> laura, you are a good lawyer. a situation is different. bernie has to admit. these are officers. that is a government. it is not the same replay situation. what they did up there was nothing more than first amendment expression. >> laura: oh, please. masks? no one...

And its impact of picking winners and losers online. we have cnn global economic analyst rana is back and cnn media analyst bill carter. we have the how and we have the why. so, let's talk about the how. trump private citizen. both will have a right to first amendment expression. >> of course. >> so, he can do this. >> yes. >> he has the right. but is it right? >> well, is it right? that's, obviously, somebody's judgment. is it something that maybe is injudicious? that i think is true. it doesn't look good to me to pick on a guy like this. >> the union guy. >> the union guy. he gets so upset b...