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because anyone can say anything they want outside of a court of law. Once put on the stand he can either invoke the 5th amendment or just recant the whole "speech".
No DA wants to be made a fool of... they like tight cases that get convictions, not acquitals.
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I don't care if you are black, white, purple, green, Chinese, Japanese, Korean, hippie, cop, bum, admin, user, English, Irish, French, Catholic, Protestant, Jewish, Buddhist, Muslim, indian, cowboy, tall, short, fat, skinny, emo, punk, mod, rocker, straight, gay, lesbian, jock, nerd, geek, Democrat, Republican, Libertarian, Independent, driver, pedestrian, or bicyclist, either you're an asshole or you're not.
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