THE PROSECUTOR SAYS THE USE OF
FORCE WAS LEGALLY JUSTIFIED.
>> NOBODY ELSE WAS CONTROLLING
IT SOMEHOW?
>> I HAD A GLASS OF WINE BEFORE
DINNER.
>> I’M REQUESTING YOU TAKE A
BREATHALYZER TEST.
IT’S A VOLUNTARY TEST.
SO NONE OF THE TESTS ARE PASS
OR FAIL.
ARE YOU WILLING TO DO THE
BREATHALYZER TEST?
>> I UNDERSTAND YOU WANT TO GO
HOME.
YOU WERE INVOLVED IN A CRASH.
I SMELL ALCOHOL COMING FROM
YOUR BREATH.
I CAN SEE YOU ARE VERY UNSTEADY
ON YOUR FEET.
>> Bill: CALIFORNIA HIGHWAY
PATROL RELEASED DASH KAM VIDEO
OF PAUL PELOSI FOLLOWING A
CRASH THAT INJURED ANOTHER
DRIVER IN NAPA, CALIFORNIA IN
MAY.
THIS COMING HOURS AFTER THE
HUSBAND OF HOUSE SPEAKER NANCY
PELOSI PLED GUILTY TO A
MISDEMEANOR CHARGE OF DRIVING
UNDER THE INFLUENCE.
LET’S BRING IN FOX NEWS
CONTRIBUTOR JONATHAN TURLEY A
GEORGE WASHINGTON UNIVERSITY
LAW PROFESSOR.
JESSE WATTERS SHOW WAS ASKING
FOR MORE INFORMATION AND
DOCUMENTS TO BE RELEASED,
FILING THE REQUEST TO MAKE SURE
THEY GOT INFORMATION.
THEY GOT IT LAST NIGHT.
THE VIDEO SHOWS EXACTLY WHAT
HAPPENED, PROFESSOR.
>> YEAH.
AND PEOPLE ARE TROUBLED BECAUSE
THERE IS A CONCERN ABOUT
SPECIAL TREATMENT.
THERE IS A CONCERN ABOUT HIS
REFERRING TO HIS STATUS GIVING
A CARD INDICATING THAT HE GIVES
MONEY TO THE POLICE.
ALL OF THAT CREATED RATHER BAD
OPTICS.
IN THE END THE SENTENCE WAS NOT
THAT FAR OFF THE BASELINE IN
TERMS OF WHERE THESE SENTENCES
LAND.
THERE ARE GOOD ARGUMENTS ON
BOTH SIDES.
SOME PEOPLE SAY HE COULD HAVE
BEEN CHARGED WITH A FELONY
SINCE THE VICTIM IS STILL
COMPLAINING ABOUT PHYSICAL
INJURIES THAT ARE LINGERING BUT
IT SHOWS MORE, I THINK, THE
GROWING DISTRUST THAT THE
PUBLIC HAS THAT OUR LEGAL
SYSTEM IS TRULY BLIND.
>> Bill: THEY OFFERED HIM A
BREATHALYZER ON THE SCENE
THAT’S ON THE DASH KAM VIDEO.
IT DID NOT HAPPEN.
IN A PERIOD OF TWO HOURS BEFORE
THEY TOOK BLOOD FROM HIS SYSTEM.
YOU COULD ARGUE SOME OF THE
ALCOHOL LEVEL -- HE TESTED
.082, OVER THE LEGAL LIMIT BY A
NUDGE THERE. HE GETS THREE YEARS PROBATION,
HE GETS THREE YEARS PROBATION,
RESTITUTION TO THE VICTIM, A
THREE-MONTH DUI PROGRAM AND
HAVE A DEVICE INSTALLED ON HIS
VEHICLE FOR A YEAR.
IS THAT WITHIN THE BOUNDARIES?
>> I THINK IT IS, QUITE FRANKLY.
YOU KNOW, THE ARGUMENTS FOR
HIGHER CHARGES AND FOR MORE
STRICT SENTENCING ARE NOT
WITHOUT BASIS.
THERE ARE ASPECTS OF THIS CASE
THAT COULD WARRANT THAT BUT A
LOT OF THESE CASES LAND RIGHT
AROUND WHERE WE SAW PELOSI.
THERE IS A QUESTION ABOUT THE
DELAY IN RELEASING INFORMATION,
THE RESISTANCE ON MUG SHOTS AND
DASH KAM THAT IS NOT QUITE AS
COMMON.
BUT I THINK THAT PART OF IT
WOULD SAY WE HAVE TO DEAL WITH
IS, IN FACT, A GROWING DISTRUST
THAT PEOPLE FEEL THAT A
PARTICULARLY STATE PROSECUTORS,
IN SOME CASES FEDERAL
PROSECUTORS APPROACH THESE
CASES WITH A BIAS.
THAT’S A SORT OF QUESTION OF
FAITH AND TRUST IN OUR LEGAL
SYSTEM THAT WE HAVE TO HAVE A
GREATER CONVERSATION ABOUT.
I THINK CERTAIN CASES LIKE
HUNTER BIDEN AND OTHER HIGH
CONTROVERSIES IN THE PRESS HAVE
UNDERMINED THAT TRUST.
I THINK YOU SAW THAT WITH THE
TRUMP RAID THAT PEOPLE JUST
QUICKLY WENT TO THEIR CORNERS.
SOME JUST HAD LITTLE TRUST IN
WHAT THE JUSTICE DEPARTMENT WAS
SAYING AND OTHERS HAD TOTAL
TRUST.
>> Dana: LET’S HEAR FROM ALISON
HALEY THE NAPA COUNTY DISTRICT
ATTORNEY WHO SPOKE TO FOX NEWS
YESTERDAY.
>> WHEN WE EVALUATED THE NATURE
OF OUR SURVIVOR’S INJURIES AND
SO FORTH KEEPING WITH HOW WE
HANDLE EVERY OTHER CASE THE
CHARGING DECISION WAS MADE AS A
MISDEMEANOR.
HIS INJURIES WERE THERE AND
CERTAINLY A RESULT OF THE
CRASH, BUT NOT THE KIND OF
INJURIES THAT WE SEE IN A
FELONY CASE LIKE LACERATED
LIVERS OR BROKEN BONES.
>> Dana: THAT MIGHT BE WHAT THE
LAW SAYS THERE.
DIFFERENT STATES MIGHT HAVE A
DIFFERENT WAY TO BASICALLY
MEASURE THAT IN TERMS OF THE
HARM TO THE VICTIM.
IS THAT RIGHT?
>> I THINK THE KEY HERE IS THAT
BOTH PELOSI AND THE VICTIM
DECIDED NOT TO GO TO THE
HOSPITAL.
THEY DECIDED THAT THEIR
INJURIES WERE NOT SERIOUS
ENOUGH FOR THAT TYPE OF MEDICAL
ATTENTION.
I THINK THAT PROBABLY PLAYED
INTO THE CHARGING DECISIONS.
>> Bill: PROFESSOR, THANK YOU.
JONATHAN TURLEY WAITING ON THE
VIDEO AND WE FINALLY GOT IT.