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I spoke to counsel for the democrats campaign, bill nelson, about this very issue. >> these claims of frauds that have been made since the beginning, i was here when they were still counting the mail in ballots and there's no indication from anyone there's been any fraud. it's hard to write these off as first amendment speech when they are coming from someone with the weight of authority. the governor of the state of florida. it's a sad time for us to be contesting elections when the government is trying to undermine the validity of the election. >> now i turn to another expert live on sight w...

First amendment speech. >> but legally, what can we really do? >> prosecutors are obligated to bring difficult cases. test cases. i think we have to not be afraid of the first amendment protections which we all love and embrace. we have to bring test cases like if somebody's riding around in a van with a rifle target over the face of a presidential candidate or a former president, i maintain as a prosecutor that could be charged as communicate ago threat. i would bring that case if i were still a prosecutor. let the defense mount a first amendment offense and let the judges sort it out. becaus...

Protected first amendment speech. what is your take on that? >> i think a provoking point by wesley lowery. they are saying bring the temperature down and try to be civil. i think the problem with the core of this conversation is that we are living through an age of incivility led by president trump. he is anything but civil. certainly he was not calling out the tea party off other conservative groups engaged in protesting a number of years ago and now it's convenient for him to call out left wing protesters and that is logical and of course, he is going to do that. the problem for the democra...

For being accountable of people who go over excessively and assault these people. those people who assaulted them should be prosecuted by way of the civil suit. no question about it. donald trump, absolutely not. donald trump will win the case. >> let me read one line from the case. it is possible that trump's direction to get them out of here advocated the use of force. it was an order, and instruction, a command. your take. >> no, it is not possible at al all. like they said, swami in chief, we will put that aside for a moment. but the law about fighting words, you cannot use words to incite...

Respectful. >> reading about what you said, i u read something to the effect of you said listen, if the band fish was giving away 20,000 free tickets like this, you would have shut them down. why not shut this down? >> that's exactly right. if this was a music concert, we would shut it down. this is the first amendment. . this city sets the bar very high for first amendment speech. this is a political campaign. this is an opponent. it's no secret that the hometown senator running for president here has a lot of political believes than trump. . we have to make it clear this is not about shuttin...