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Fox News Releases New Video Rep. Emanuel Cleaver Getting Spat Upon Yelled At

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» 40 comments

The verdict in “Kelly’s Court” is in: the defendant is found guilty of “say it; don’t spray it.” Megyn Kelly debuted new video of a Tea Party protester confronting Congressman Emanuel Cleaver, who accused the man of spitting on him, and while the tape clearly shows the man screaming at the Congressman and the latter recoiling at a point, Kelly’s law correspondents see no evidence of intentional spitting.

No surprise in Fox News taking the side of the Tea Party protesters, but nonetheless both the video and defense seem shaky. The video clearly shows a protester yelling at the Congressman, but there is no obvious motion of spitting from the protester. Defense Attorney Mark Eiglarsh broke down the facts: yes, there was saliva transferred from the Tea Party protester to the Congressman; yes, the Tea Party protester is not happy with the Congressman– but “can you see conclusively that he was just yelling or that he intentionally spat?” Eiglarsh argues you can’t.

Fox News legal correspondent Arthur Aidala then notes that there is someone with a police uniform near him and spitting is “battery, that’s assault”– so why wasn’t there swifter action on the police’s part if there was actual spitting? “The guy is guilty of ‘say it, don’t spray it,’” he concluded.

Watch the video and make your own conclusion below:


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  • Snipzor

    Since he covered his mouth, we can’t see him making the spitting motions, so to put this to rest. Let’s assume it was accidental, accidental saliva projectiles happen all the time. Although he should have covered his mouth from the front. But then representative Cleaver wouldn’t have heard him. Hmm…

  • http://www.facebook.com/people/Joe-Brooks/500145589 Joe Brooks

    Before anyone suggests that Fox News was hoarding this video – it’s been on the internet since that weekend to disprove that the congressman was ‘spat’ upon.

  • Big_F-ing_Deal

    Typical rabid teabagger.

    Projectile foam and spittle are natural occurrences for them.

    They should all be quarantined until they get their shots.

  • timzank

    Big_F-ing_Deal…..and of course let’s not make an issue out of an elected Representative Of Congress, lying, embellishing, obfuscating, inciting, and just generally being a dishonest race-baiting sack of sh&t. Doesn’t it bother you socialists just a little when it’s so blatant?? It’s like the Dems don’t even try to hide it anymore….it’s just flat out lies, 24-7 on camera or not. Brass balls.

    By the way, Breitbart still has the reward for all you Dems that have that “N-word” proof too. How’s that working out for ya?

  • Big_F-ing_Deal

    Dude….calm down.

    You just got a little spit on me..

  • http://www.anonymousfinch.com AnonymousFinch

    The most probative thing is that there was a Capitol Hill police officer there and looking directly at the guy when this happened. If it was intentional, and if the guy was yelling racial slurs (as has been alleged) the officer surely would have arrested him, called for back up, etc. etc. The analyst here is right; spitting on someone (intentionally) is battery. If you do it to a member of Congress, you’ve broken federal law.

    I worked on the Hill for years, and I can vouch for the fact that the Capitol Hill police are highly trained, highly professional, and take their job extraordinarily seriously. (Recall the two officers who gave their lives when Tom Delay’s office in the Capitol was attacked by a shooter back in 1998.) They are specifically trained in dealing with protesters, and where the line is drawn between legitimate First Amendment expression and illegal conduct. If the line was crossed, the officer would have moved swiftly and professionally.

  • valkyrie101

    Sure finch, dozens of screaming people all over the place and he is going to arrest the guy. Right. You want to defend that scene. OK. If that is the tea party, if that is how they play, then mainstream America will just shake their heads.

  • tjl

    You right-wing babies have an excuse for everything. Next you’re going to tell me it was Roger McDowell who spit on him.

  • Beth

    Is Emanuel related to Wally and the Beav?

  • the real john t

    “I worked on the Hill for years, and I can vouch for the fact that the Capitol Hill …”

    Yeah, sure you did Finch. Just because you’ve got a picture of Gregory Peck playing a lawyer beside your name doesn’t make you one.

  • http://www.anonymousfinch.com AnonymousFinch

    Damn straight I’ll defend that scene. Is it my style? No. Would I participate in it? No. Is it protected by the FIrst Amendment of the United States Constitution. Damn yes. Have I seen far, far worse on Capitol Hill? Oh, yeah. Go there on a day when PETA is throwing fake blood on people and you’ll know what I mean.

    For the record, that sort of protest happens on Capitol Hill all the time (I worked there (for a Democratic congressman) for years). As I’ve stated here before, the best evidence that this whole thing is contrived it that at the same intersection where they were crossing (Independence Ave and New Jersey Ave) there is an underground tunnel that connects the Cannon Building with the Capitol building. And calling it a tunnel is deceptive. It’s not a dark, narrow little thing. You could easily fit two 18-wheelers side by side in that tunnel. I used to walk back and forth through it multiple times every day.

    Many people don’t realize this, but Capitol Hill is a huge complex. In addition to the Capitol itself, there are three House office buildings, three Senate office buildings, and two buildings of the Library of Congress. They are all connected by underground tunnels and two different underground mini-subways. Members of Congress and staff can get from any one of those buildings to any other of those buildings without ever going above ground. And that’s exactly what most members and staff do 95% of the time, especially on days of protests and during the spring and summer when tourists are all around.

    The very fact that those congressman went out of their way to avoid the Cannon tunnel and walk above ground on a day when thousands of people were protesting, and that they did so while filming the event with at least three cameras that can been in the videos, tells me that they were hoping something bad would happen. The fact that Jesse Jackson, Jr. has never released the video from the two video cameras that he was carrying, one in each hand, and which included the “spitter” just a half-second before the “incident” tells me that the crowd disappointed them.

    Would the Capitol Hill cop be too “afraid” to arrest someone in the crowd? NEVER. I repeat, NEVER. I’ve seen much worse than that on the Hill. On days like there, there are cops everywhere; snipers on the roofs; just unimaginable security. And, for the record, I worked on the Hill before 9/11. I still have friends there, and I’ve heard of some of the security changes that happened after 9/11. Security is exponentially tighter today.

  • http://www.anonymousfinch.com AnonymousFinch

    the real john t:

    As to your argument that I’m not really a lawyer and never worked on Capitol Hill, I can only say res ipsa loquitur.

  • the real john t

    Good finch, you learned a Latin term. Now tell me what it means.

  • http://www.anonymousfinch.com AnonymousFinch

    the real john t:

    it means “it speaks for itself”; it’s a tort law negligence doctrine. And, by the way, who are you to judge my qualifications?

  • the real john t

    “it speaks for itself”;
    —————————

    Sorry Finch, that’s not what it means.

  • http://www.anonymousfinch.com AnonymousFinch

    Really, why don’t you tell me what it means then?

  • the real john t

    Sorry Finch, I’m not here to tutor you. Go look it up.

  • writer

    This entry contains information applicable to United States law only.

    [Latin, The thing speaks for itself.] A rebuttable presumption or inference that the defendant was negligent, which arises upon proof that the instrumentality or condition causing the injury was in the defendant’s exclusive control and that the accident was one that ordinarily does not occur in the absence of negligence.

    Finch is right, real john.

  • http://www.anonymousfinch.com AnonymousFinch

    And while you’re at it, why don’t you answer the following questions as well. As I;m sure you know, each one is a very basic question from the standard first-year law school courses.

    1) Civil procedure: What’s the difference between a motion to dismiss under Rule 12 of the Federal Rules of Civil Procedure and and motion for summary judgment under Rule 56 of the Federal Rules of Civil Procedure?

    2) Tort law: What is the difference between assault and battery?

    3) Contracts: What does “consideration” mean?

    4) Con law: Who said, “the power to tax is the power to destroy”?

    5) Criminal law: What is the McNaughton rule?

    6) Property: What is the Rule against Perpetuities?

  • Olby Sucks

    At least t-bone has learned to apologise when he’s wrong……..

  • the real john t

    Olby Sucks says:
    March 30, 2010 at 1:33 am
    At least t-bone has learned to apologise when he’s wrong……..
    ———————————————

    Where did I “apologize” for anything, and when are you going to learn how to spell?

  • The Real Royal King

    Yes, I am sure Megyn never selectively edited to aid some right wing hack or to support some rightist crackpot cause. No, just isn’t her style … except on weekdays and weekends.

  • MrGlennBovineKoldys

    Olby Sucks says:
    March 30, 2010 at 1:33 am

    ==============================

    Jeffy, what are you doing here?

    You should be celebrating over at the “Ricky Martin Comes out…” thread.

    http://www.ourchurch-graphics.com/member/r/royalkinggeteqh/Jeff3.jpg

    http://www.mediaite.com/wp-content/uploads/2010/03/ricky-martin0501-300×239.jpg

    Quit pretending Jeffy. Just come out and tell us how much you love some Mandingo up the mondongo.

  • valkyrie101

    Well finch, I would also defend the right to speech. My point was, that clip did not dispel the notion that Cleaver was spat upon, or that racial epithats were hurled his way, and judging by the appearance of those shout downs, with a whole bunch of people gathering around doing it, and if one of those derranged souls said some racist stuff, which is what has been alleged, and which is impossible for you to rebut, it is highly unlikely that the capital police would pick out the offending person and arrest him as you suggest.

  • TylerDurdin

    The fact that a cop was walking the Congressman up the steps and actually was responding to the man who was yelling at Cleaver and made no movement to arrest him at the time of the incident proves she saw no spitting taking place.

    case closed.

  • valkyrie101

    Not a very objective opinion, Tyler. Even the Fox commentators admitted that there must have at least been some wet stuff going Cleaver’s way. The only question was whether the man spit or was just spraying with the rest of the venem coming out of his mouth. As for whether there were racial epithats being hurled, with that many people screaming it would have been hard to pick out the person, and even if the person might be identified, nobody was going to arrest anyone in that situation. Again, if that is an example of the quality of people who tea party, the average person will not be sipping any tea.

  • MichelleF

    valkyrie101, I love how on the one hand you admit it can’t be proven and all the other hand, say it goes to the quality of the people attending the event. Shall we compare who goes to tea parties and who goes to lefty rallies and see which is most peaceful and orderly?

  • valkyrie101

    Michelle,
    Judging by that video, you are better off arguing that those people do not represent the real tea party, because that kind of behavior is sad. There have not been too many “leftie” rallys recently, but indeed, I have seen a few in past years where people acted like jerks. Of course, by far the largest rallys of progressive people during recent times were at the Obama rallys, and his inauguration, and the people at those were well behaved. And no one brought side arms or nasty signs either. However, to be fair, some of those far left green rallys have been nasty, and I condemn that stuff as most progressives do.

    I respect the tea party, and I respect the majority of their people. But there is an element there, which I do not think really represents the majority of people, that makes the whole thing look nasty some times. The tea party needs to define itself as non-violent, not racist, and respectful of their fellow man. The tea party is a mixture of various diseffected elements of our culture. The movement needs a dynamic leader that is not afraid to call out those elements that do not represent the core tea party values. I would offer Obama, but he is busy leading us progressives.

  • TylerDurdin

    valkkyrie, there was NO spit and the video proved it.

    Try again!

  • TylerDurdin

    valkkkyrie:”Not a very objective opinion, Tyler.”

    LOL

    From the article:”The video clearly shows a protester yelling at the Congressman, but there is no obvious motion of spitting from the protester.”

    And val, just because the FOX commemtators said some spitle may have transferred, that is not proof.

    Son, do try to be objective not sublective like the commetators were being.

  • valkyrie101

    So Tyler, your suggestion is that Cleaver just decided to make it all up? No chance in your mind that the person doing the screaming might have been spitting out his words? But OK, in any event, go ahead and defend that behavior, embrace it, endorse it, have the tea party adopt it for all its rallys. Because that kind of behavior will not win the tea party too many allies among the masses of moderate people who see that and just shake their head.

  • kit9

    This video isn’t new. It’s been posted on conservative sites for a week. Why? Because it completely debunks the spitting charge. The man clearly doesn’t intend to spit on the congressman. The man never even turns to look at the Congressman. The man is simply yelling, facing forward, as the Congressman passes by. And, much like Chris Matthews, some spittle appears to have flown and accidentally hits the apparently very precious Congressman. He did not cough up a lugie and fire it at the Congressman. It’s all right there on the video.

  • valkyrie101

    kit.
    Yes, it is all right there. Perhaps a little spit, no lugie. But you would agree that the video does not debunk what the Congressman said about being spit upon? I do not think “being spit upon” requires intent by someone to deliver a lugie. It only requires a little spit hitting a Congressman by a man shouting crazily. Correct?

  • MichelleF

    valkyrie101, I’d be willing to bet, the number of loonies at a lefty event would greatly outnumber the amount at a tea party. Just my opine though.

  • valkyrie101

    Well, Michelle, we can agree that there is no shortage of loons, and they hang out on both sides. It is, however, incumbent on the cooler heads of both sides to try to keep all that in check. Recently, because of the health care debate, and the way that democratic process turned out, there has been a lot of violent rhetoric coming primarily from the right. So it is important for the tea party leaders, the Repub leaders, the conservative leaders, to urge for restraint. Same with those on the left. Fair enough?

  • http://www.thecobraslair.com Cobra

    valkyrie101,

    You’re not going get anywhere with the conservatives posting here. They’re willing to suspend their own VISION in this account. They don’t care how angry White mobs screaming at Black people are perceived, because…well…that’s the legacy of racism in America. Hell, listen to AnonymousFinch in this passage:

    “The very fact that those congressman went out of their way to avoid the Cannon tunnel and walk above ground on a day when thousands of people were protesting, and that they did so while filming the event with at least three cameras that can been in the videos, tells me that they were hoping something bad would happen.”

    That Black Congressman, in 2010 America, can’t choose to walk up the Capitol Steps in Washington without having angry White mobs screaming at them is one thing. For AnonymousFinch to suggest that they should’ve walked a DIFFERENT path as to not upset the sensibilities of said angry White mobs smacks of the same neo-confederate rhetoric aimed at my late father in the Jim Crow South, when it was EXPECTED that Blacks cross the street when White people were approaching them on the sidewalk.

    Valkyrie, apparently this history is LOST on many of our conservative friends here. I believe it smacks of entitlement, ethnocentricity and the deeply held belief by many in this country, that a Black man could not POSSIBLY wield this kind of power legitimately, God forbid…the highest office in the land.

    Fear of a Black POTUS.

    –Cobra

  • Fidoohki

    Cobra says:
    March 30, 2010 at 11:40 pm

    *yawn*

    Same song. same dance. “IF you speak out against what Obama is doing you are
    an evil hatemongering racist who should be committed to an asylum or better yet
    just sit down, shut up and obey your betters. How dare you actually have an opinion
    different from ours! Don’t you know that you will get a free handout with this?!?”

    This was staged by the Democraps to incite a volitile reaction. Notice how there were no
    ‘white’ hetrosexual democrats doing it? Only those people would call ‘minorities’. This
    is just the latest ‘dirty trick’ in a long line of them Democraps have used.. only now they
    are using them against regular Americans …not politicians. which is sad and pathetic.

  • http://www.thecobraslair.com Cobra

    Fidoohki writes:

    “This was staged by the Democraps to incite a volitile reaction.”

    So…Walking while Black is an attempt to “incite a volatile reaction?” Just by WALKING?!?!?

    This is 2010, Fidoohki. I’ve got a newsflash for you. African-Americans aren’t intimidated by angry White mobs anymore. If that disappoints some in here….

    Deal with it.

    –Cobra

  • TylerDurdin

    Hey Cobra and Valkkyrie: ” If there was no spit, you have to aquit.” LMAO!
    The video and the cop who was with Cleaver prove there was no spitting. And yes val, I do approve of people voicing their disapproval of their Govt.; it’s in the Constitution. You and Cobra need to read it.

    BTW, I saw the video of the black congressmen walking up the stairs where the N word was allegedly said. Guess what? There was a guy with them who had two audio recorders taping the whole thing. But guess what? They haven’t released any tape of the incident. Why? Because it didn’t happen but the FBI has arrested one of your lib friends who threatened to kill Cantor.

    Hahaha.

    Deal with it!

  • thetroll01

    If these arrogant b@$t@d$ hadn’t so brazenly strolled through the legally assembled protesters, with Botox Queen Nancy and her giant gavel leading the way, egging on the protesters, none of this would have happened.

    But then there would be no story, would there, so I digress.

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