The ACLJ Defends the U.S. Military at the ICC | TBN

The ACLJ Defends the U.S. Military at the ICC

Watch The ACLJ Defends the U.S. Military at the ICC
November 19, 2019
24:09

Sekulow

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The ACLJ Defends the U.S. Military at the ICC

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  • [MUSIC]
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  • LIVE FROM WASHINGTON D.C. JAY SEKULOW LIVE.
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  • [MUSIC]
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  • PHONE LINES ARE OPEN FOR YOUR QUESTIONS RIGHT NOW.
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  • [MUSIC]
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  • AND NOW CHIEF COUNSEL
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  • FOR THE AMERICAN CENTER FOR LAW AND
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  • JUSTICE, JAY SEKULOW!
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  • [MUSIC]
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  • JAY SEKULOW: WE ARE PREPARING A TRIAL AT THE
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  • INTERNATIONAL CRIMINAL COURT AT
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  • THE HAGUE ON BEHALF OF THE AMERICAN MILITARY. WE'RE
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  • ACTUALLY PARTICIPATING IN THAT HEARING. IT'S BEFORE A
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  • FIVE-JUDGE PANEL, WHICH IS THEIR, BASICALLY, IT'S THEIR
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  • APPELLATE CHAMBER, WHICH IS, JORDAN'S GOT A MASTER'S OF LAW
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  • IN THIS, THAT IS THEIR HIGHEST COURT. JORDAN SEKULOW: YEAH,
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  • THIS IS THE SUPREME COURT WHEN IT COMES TO INTERNATIONAL
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  • CRIMINAL LAW. AND WHEN IT COMES TO, AND WHEN WE TALK ABOUT
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  • INTERNATIONAL CRIMINAL LAW, WE'RE, SPECIFICALLY, TALKING
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  • ABOUT, IN THIS SITUATION, WHEN THE INTERNATIONAL CRIMINAL COURT
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  • IS NOT DEALING WITH THE NORMAL CRIMES, INTERNATIONAL CRIMES
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  • LIKE MONEY-LAUNDERING. WE ARE TALKING ABOUT WAR CRIMES,
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  • GENOCIDE, CRIMES AGAINST HUMANITY; THINGS LIKE TORTURE,
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  • MASS EXECUTIONS, GENOCIDE, MASS SYSTEMATIC RAPE. AGAIN, THE
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  • KILLING OF CIVILIANS, INTENTIONALLY, LIKE, AGAIN,
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  • GENOCIDAL ACTIVITIES, TRYING TO WIPE OUT ENTIRE ETHNIC GROUPS,
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  • TRYING TO WIPE OUT ENTIRE RELIGIOUS GROUPS, WHICH IS WHY
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  • IT WAS SO SHOCKING THAT BACK, AGAIN, IN THE LAST FEW YEARS,
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  • THE OFFICE OF THE PROSECUTOR AT THE INTERNATIONAL CRIMINAL COURT
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  • HAS BEEN TRYING TO GET THE COURT, BECAUSE THEY HAVE TO
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  • FIRST GET THE COURT TO OKAY THEM OPENING AN INVESTIGATION INTO
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  • WHAT THEY CALL THE SITUATION IN AFGHANISTAN. AND, OF COURSE,
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  • THAT SITUATION INVOLVED THE U.S. MILITARY AND OUR INTELLIGENCE
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  • AGENCIES AS WELL. AND IT WAS INTERESTING BECAUSE THE
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  • PROSECUTOR LOST AT THEIR LOWER COURT, WHICH IS CALLED THE
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  • PRE-TRIAL CHAMBER. SHE LOST IN A LENGTHY, -THAT'S BEFORE A
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  • THREE-JUDGE PANEL AS WELL. -YEAH, THREE-JUDGE PANEL. AND
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  • SAID, NO, YOU CANNOT OPEN AN INVESTIGATION INTO THE SITUATION
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  • IN THE ISLAMIC REPUBLIC AFGHANISTAN. WHAT WAS
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  • INTERESTING IS THAT ON PAGE 6, 7 & 8, AND I THINK WE HAVE THIS,
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  • NOW WE KIND OF CONDENSED IT FOR YOU, IS HOW THE CHIEF PROSECUTOR
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  • PUT IN A ROW OF WHO SHE WANTED TO INVESTIGATE AND FOR WHAT
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  • PURPOSES. SO, THE PROSECUTION SUBMITS INFORMATION AS TO THE
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  • GROUPS ALLEGEDLY RESPONSIBLE FOR CRIMES, WHICH AUTHORIZATION TO
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  • INVESTIGATE IS SOUGHT. AND THESE ARE THREE CATEGORIES, DEPENDING
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  • ON THE GROUPS RESPONSIBLE FOR THE CRIMES; THE CHAMBER WILL
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  • ADDRESS EACH OF THESE THREE CATEGORIES SEPARATELY. ONE,
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  • ALLEGED CRIMES BY THE TALIBAN. TWO, ALLEGED CRIMES BY THE
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  • AFGHAN FORCES. AND GUESS WHO GETS LUMPED IN WITH THE TALIBAN
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  • AND AFGHAN FORCES? NUMBER THREE, ALLEGED CRIMES BY U.S. FORCES
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  • AND THE CIA. THAT WAS THE ULTIMATE GOAL OF THE PROSECUTOR.
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  • MAYBE NUMBER THREE, BUT THIS IS THE NUMBER ONE GOAL OF THE
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  • INTERNATIONAL CRIMINAL COURT IF THEY CAN FIND JUSTIFICATION TO
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  • GET JURISDICTION OVER U.S. TROOPS EVER. -SO, IT'S CALLED
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  • UNIVERSAL JURISDICTION. THAT'S PART OF WHAT THEY'RE LOOKING FOR
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  • HERE. BUT I WANT YOU TO UNDERSTAND WHAT'S AT STAKE. THEY
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  • ARE TRYING TO GET, AS WE JUST SHOWED YOU, JURISDICTION OVER
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  • THE MILITARY. AND, THANN, THESE INTERNATIONAL TRIBUNALS ARE
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  • DANGEROUS. THANN BENNETT: BIG-TIME, JAY. I MEAN, LOOK, OUR
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  • LISTENERS NEED TO UNDERSTAND THAT THIS IS A BEGINNING OF A
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  • PROCESS, WHICH IF IT WERE TO PROCEED POORLY, JAY, WOULD,
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  • ULTIMATELY, RESULT IN U.S. SERVICEMEMBERS BEING SUBJECT TO
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  • THE JURISDICTION OF THE INTERNATIONAL CRIMINAL COURT.
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  • IT'S ALMOST IMPOSSIBLE TO OVERSTATE THE SIGNIFICANCE OF
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  • THAT, JAY. AND THE SECOND THING I WOULD ADD TO THIS IS, LOOK, WE
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  • KNOW FROM EXPERIENCE, JAY, WHAT THESE INTERNATIONAL BODIES ARE
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  • ALWAYS AFTER. IT'S OFTEN A VERY LONG PROCESS, AND IT'S OFTEN
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  • VERY CONVOLUTED. BUT, ULTIMATELY, JAY, THEY'RE LOOKING
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  • FOR A HOOK TO GET JURISDICTION OVER THE UNITED STATES. AND THIS
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  • IS A CASE WHERE THE UNITED STATES IS NOT PARTY TO THE ROME
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  • STATUTE, WHICH SETS UP THE INTERNATIONAL CRIMINAL COURT.
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  • BUT MAKE NO MISTAKE ABOUT IT, THAT IS WHAT THEY ARE AFTER IN
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  • THIS CASE. AND THE BEST TIME TO DEFEAT IT, JAY, IS RIGHT AT THE
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  • OUTSET BEFORE THEY GET THAT FOOTHOLD. -WELL, LOOK, HERE'S
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  • THE TRUTH OF THE MATTER, FOLKS. THIS IS, I THINK THIS IS THE
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  • MOST SIGNIFICANT CASE THE COURT HAS TAKEN, THE INTERNATIONAL
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  • CRIMINAL COURT HAS TAKEN, SINCE IT BEGAN. THE REASON I SAY THAT
  • 00:04:17.040 --> 00:04:21.130
  • IS BECAUSE IF THEIR JURISDICTIONAL CLAIM THAT THE
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  • PROSECUTOR IS PUTTING FORWARD, IT WOULD PULL AMERICAN TROOPS IN
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  • FRONT OF THE INTERNATIONAL CRIMINAL COURT IN THE HAGUE EVEN
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  • THOUGH THE UNITED STATES, LIKE MANY OTHER COUNTRIES, ARE NOT
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  • ACTUALLY PART OF THAT COURT. WE DID NOT CONSENT TO JURISDICTION.
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  • SO, OUR MILITARY MEN AND WOMEN IN THE FIGHT IN AFGHANISTAN
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  • WOULD BE HAULED BEFORE AN INTERNATIONAL TRIBUNAL,
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  • INVESTIGATED, AND POTENTIALLY HAULED BEFORE AN INTERNATIONAL
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  • TRIBUNAL WHEN THE UNITED STATES ITSELF IS NOT A PARTY TO THE
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  • ACTUAL COURT. NOW, YOU'RE SAYING, HOW THEN ARE YOU ABLE TO
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  • MAKE THE ARGUMENT? HERE'S WHAT HAPPENED, WE HAVE OUR EUROPEAN
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  • CENTER FOR LAW AND JUSTICE, IT'S BEEN AROUND FOR OVER 20 YEARS.
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  • IT HAS NGO STATUS, NONGOVERNMENTAL ORGANIZATION
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  • STATUS WITH THE UNITED NATIONS. IT'S A PARTICIPANT. WE HAVE
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  • ACTUALLY BEEN TO THE HAGUE IN THE INTERNATIONAL CRIMINAL COURT
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  • BEFORE THE OFFICE OF THE PROSECUTOR. WE'VE NEVER BEEN TO
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  • THE HIGHEST CHAMBER, BUT WE'VE BEEN BEFORE THE OFFICE OF THE
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  • PROSECUTOR. IT WAS A MATTER INVOLVING ISRAEL. WE WERE
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  • SUCCESSFUL IN THAT CASE. IT WAS BROUGHT BY THE PALESTINIAN
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  • AUTHORITY. HERE, BECAUSE WE, AT THE ECLJ, OUR EUROPEAN
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  • AFFILIATE, HAS STATUS WITH THE U.N., WE WERE ABLE THEN TO FILE
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  • A MOTION WITH THE COURT TO PARTICIPATE, WHAT THEY CALL, WE
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  • WOULD CALL IT ORAL ARGUMENTS, THEY CALL IT ORAL SUBMISSION.
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  • WE'VE ALREADY SUBMITTED WRITINGS, MAY BE ABLE TO SUBMIT
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  • ADDITIONAL WRITINGS AT THE END AGAIN, BUT THIS TRIAL GOES ON
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  • FOR THREE DAYS. AND EVEN THOUGH IT'S CALLED AN APPELLATE PANEL,
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  • THEY ACTUALLY HAVE THREE DAYS OF HEARING. SO, UNDERSTAND WHAT'S
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  • AT STAKE. WE'VE GOT A LOT MORE AHEAD ON THIS SPECIAL BROADCAST
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  • TALKING ABOUT A MAJOR CASE, INCLUDING ONE AT THE
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  • INTERNATIONAL CRIMINAL COURT WHERE WE ARE DEFENDING AMERICA'S
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  • TROOPS. WE'LL BE BACK WITH MORE IN JUST A MINUTE.
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  • [MUSIC]
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  • WORKING ON OUR PREPARATIONS FOR
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  • A TRIAL AT THE INTERNATIONAL CRIMINAL COURT IN THE HAGUE
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  • DECEMBER 4TH, 5TH, AND 6TH, AND THAT IS, LITERALLY, RIGHT AROUND
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  • THE CORNER. I MEAN, WE ARE TALKING REALLY MOVING QUICKLY.
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  • ALL RIGHT, WE'VE GOT CALLS COMING IN ON A VARIETY OF
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  • TOPICS. LET'S GO RIGHT TO THEM. GO AHEAD AND TAKE CALL, JORDAN.
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  • JORDAN SEKULOW: YEAH, RIGHT TO THE PHONES WE GO. LET'S GO TO
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  • TERESA IN NEW HAMPSHIRE. LINE ONE. TERESA, THANKS FOR HOLDING
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  • ON. YOU'RE ON THE AIR. -HEY, TERESA. GO AHEAD. YOU'RE ON THE
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  • AIR. -HI. IT'S AFTERNOON HERE IN NEW HAMPSHIRE. THANK YOU.
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  • THANK YOU FOR SUPPORTING THE MILITARY. I'M RETIRED MILITARY.
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  • -GREAT. THANK YOU FOR YOUR SERVICE. -MY DAD AND MY
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  • HUSBAND, BOTH. THANK YOU. IT'S ABSURD TO THINK THAT WE WOULDN'T
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  • BE SUPPORTED. AND WHY SHOULD A COUNTRY THAT HAS NO JURISDICTION
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  • OVER US GET JURISDICTION OVER US? -WELL, THIS IS EXACTLY THE
  • 00:06:55.220 --> 00:06:58.250
  • POINT. AND THEY BELIEVE THAT UNDER THIS EXPANSIVE VIEW OF
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  • CUSTOMARY INTERNATIONAL LAW, THAT THEY THINK THE LAW'S
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  • EVOLVED NOW TO WHERE WHAT'S CALLED A NON-CONSENTING STATE,
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  • THE NATIONALS OF THAT STATE, IN OTHER WORDS THE CITIZENS OF THAT
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  • STATE OR THE MILITARY, IN THIS PARTICULAR CASE, SHOULD BE ABLE
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  • TO BE REACHED BY A COURT TO WHICH THE UNITED STATES IS NOT
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  • ACCEPTED OR ACCEDED JURISDICTION TO. THAT'S REALLY WHAT THEY'RE
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  • ARGUING. -YES, EXACTLY. IS IT BECAUSE WE WERE ON, IN A STATE
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  • ACTING, EVEN THOUGH WE WERE INVITED, I MEAN, WE CAN REALLY
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  • GET INTO A LOT OF DETAIL HERE, WE DON'T WANT TO GET INTO ALL
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  • THE DETAIL AND GIVE AWAY OUR ENTIRE ARGUMENT BEFORE THE
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  • COURT, BUT LET'S SAY, YOU KNOW, YOU'RE GOING IN TO HELP A
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  • COUNTRY FIGHT BACK AGAINST A GROUP LIKE THE TALIBAN, AND
  • 00:07:43.020 --> 00:07:46.140
  • YOU'VE BEEN ASKED BY THAT COUNTRY, BASICALLY, OR INVITED,
  • 00:07:46.150 --> 00:07:48.190
  • AND YOU ACTUALLY HAVE AN AGREEMENT WITH THAT COUNTRY,
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  • THAT COUNTRY IS ALSO AN ICC MEMBER. SO, THEY ARE NOW SAYING,
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  • WELL, IF YOU ENGAGE IN THIS KIND OF CONDUCT ON ANY FOREIGN
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  • TERRITORY THAT IS AN ICC MEMBER STATE, WE COULD THEN,
  • 00:08:01.010 --> 00:08:05.080
  • POTENTIALLY, OPEN UP INVESTIGATIONS INTO YOU, EVEN
  • 00:08:05.090 --> 00:08:09.010
  • THOUGH YOU HAVE NOT JOINED THE STATUTE, YOU ARE NOT A MEMBER
  • 00:08:09.020 --> 00:08:11.230
  • STATE, BUT BECAUSE YOUR ACTIONS TOOK PLACE ON A MEMBER STATES
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  • TERRITORY. -YEP. SO, THANN, YOU DO, YOU ARE OUR DESIGNATED
  • 00:08:17.230 --> 00:08:22.030
  • REPRESENTATIVE AT THE UNITED NATIONS. YOU KNOW WHAT WE'RE UP
  • 00:08:22.040 --> 00:08:25.250
  • AGAINST. I SAID WE'RE THE ONLY LAWYERS PRESENTING, DEFENDING
  • 00:08:25.260 --> 00:08:30.070
  • THE POSITION OF THE MILITARY, BUT THE FACT IS, WE'RE NOT GOING
  • 00:08:30.080 --> 00:08:32.270
  • TO BE THE ONLY AMERICAN LAWYERS THERE. THERE ARE A LOT OF
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  • AMERICAN LAWYERS ON THE OTHER SIDE OF THIS. AND YOU FIND THAT
  • 00:08:35.140 --> 00:08:39.030
  • WHEN YOU'RE UP AT THE U.N. ALL THE TIME. THANN BENNETT: NO
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  • QUESTION ABOUT IT. WELL, AND THOSE LAWYERS, JAY, ARE, BY AND
  • 00:08:41.240 --> 00:08:44.000
  • LARGE, GOING TO ADVOCATE THE UNITED STATES COOPERATE WITH
  • 00:08:44.010 --> 00:08:46.090
  • THIS, AND, IN TURN, SUBJECT THEMSELVES TO THE JURISDICTION
  • 00:08:46.100 --> 00:08:49.210
  • OF THE ICC. LOOK, THE UNITED STATES, JAY, MADE THE CORRECT
  • 00:08:49.220 --> 00:08:52.170
  • DECISION TO NOT JOIN THE ICC. THEY ALSO MADE THE CORRECT
  • 00:08:52.180 --> 00:08:55.050
  • DECISION TO LEAVE THE HUMAN RIGHTS COUNCIL BECAUSE OF THE
  • 00:08:55.060 --> 00:08:57.150
  • FLAWED STRUCTURE. BUT, JAY, THERE IS A REASON THAT WE GO
  • 00:08:57.160 --> 00:09:00.270
  • PLACES THAT EVEN THE UNITED STATES GOVERNMENT CAN'T. BECAUSE
  • 00:09:00.280 --> 00:09:03.190
  • IT'S CRITICAL THAT THE VOICE OF OUR TROOPS, WHO ARE UNDER
  • 00:09:03.200 --> 00:09:06.140
  • ATTACK, GETS AIR. JAY, IF WE'RE NOT THERE, I'M CONCERNED THAT
  • 00:09:06.150 --> 00:09:09.290
  • THAT VOICE WOULDN'T HAPPEN. AND LOOK, HUMAN RIGHTS WATCH, WHO'S
  • 00:09:10.000 --> 00:09:13.070
  • AN ORGANIZATION WHO WILL NO DOUBT BE PRESENT THERE, THEY'RE
  • 00:09:13.080 --> 00:09:15.110
  • PRESENT AT A LOT OF THESE TRIBUNALS, JAY, THEY ARE
  • 00:09:15.120 --> 00:09:18.000
  • SPECIFICALLY ARGUING THAT THE UNITED STATES SHOULD COOPERATE
  • 00:09:18.010 --> 00:09:21.090
  • WITH INDEPENDENT INVESTIGATIONS. LET ME TRANSLATE THAT FOR YOU.
  • 00:09:21.100 --> 00:09:24.090
  • THAT MEANS THE UNITED STATES SHOULD SUBJECT ITSELF AND ITS
  • 00:09:24.100 --> 00:09:27.170
  • TROOPS TO THE JURISDICTION OF THE INTERNATIONAL CRIMINAL
  • 00:09:27.180 --> 00:09:30.040
  • COURT. THAT'LL BE THE ARGUMENT THAT'S MADE BY MOST OF THESE
  • 00:09:30.050 --> 00:09:32.100
  • GROUPS, JAY. WE'RE GONNA MAKE THE EXACT OPPOSITE. -WELL,
  • 00:09:32.110 --> 00:09:34.200
  • HERE'S THE REPORT. IT'S A 53 PAGE REPORT BY HUMAN RIGHTS
  • 00:09:34.210 --> 00:09:36.260
  • WATCH THAT SAYS, THEY'VE SHOT MANY LIKE THIS, ABUSIVE NIGHT
  • 00:09:36.270 --> 00:09:40.170
  • RAIDS BY CIA BACKED AFGHAN STRIKE FORCES. IT SAYS IT
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  • DOCUMENTS 14 CASES. THE U.S. SHOULD WORK WITH THE AFGHAN
  • 00:09:43.290 --> 00:09:47.020
  • GOVERNMENT TO IMMEDIATELY DISBAND AND DISARM ALL
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  • PARAMILITARY FORCES THAT OPERATE OUTSIDE OF THE ORDINARY MILITARY
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  • CHAIN OF COMMAND AND COOPERATE WITH INDEPENDENT INVESTIGATIONS
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  • OF ALLEGED WAR CRIMES AND OTHER HUMAN RIGHTS ABUSES. AS IF, BY
  • 00:09:56.120 --> 00:10:00.190
  • THE WAY, THE UNITED STATES, IF THERE WAS A SITUATION LIKE THAT,
  • 00:10:00.200 --> 00:10:03.150
  • WOULD NOT INDEPENDENTLY INVESTIGATE, WHICH, OF COURSE,
  • 00:10:03.160 --> 00:10:05.200
  • WE WOULD. BECAUSE THAT'S HOW IT WORKS IN THE UNITED STATES. HERE
  • 00:10:05.210 --> 00:10:09.000
  • IS THE PROBLEM, THEY ARE TRYING TO GET JURISDICTION OF A COURT
  • 00:10:09.010 --> 00:10:13.080
  • THAT THE UNITED STATES IS NOT A PARTY TO. THAT IS WHAT IS AT
  • 00:10:13.090 --> 00:10:17.030
  • ISSUE HERE! AND THAT IS WHAT'S SO DANGEROUS! YOU SEE WHAT THE
  • 00:10:17.040 --> 00:10:20.160
  • NATURE OF THE ISSUE IS. I MEAN, THIS IS REALLY, REALLY
  • 00:10:20.170 --> 00:10:23.200
  • SIGNIFICANT. ALL RIGHT, I WANT TO TAKE ANOTHER CALL.
  • 00:10:23.210 --> 00:10:25.020
  • 800-684-3110. 1-800-684-3110. -YEAH, MIKE IS CALLING FROM
  • 00:10:25.030 --> 00:10:30.080
  • UTAH ON LINE TWO. MIKE, WELCOME TO JAY SEKULOW LIVE. -HEY,
  • 00:10:30.090 --> 00:10:33.260
  • MIKE. -HEY, THANKS SO MUCH FOR TAKING MY CALL. -SURE. -I HAVE
  • 00:10:33.270 --> 00:10:38.090
  • A SON THAT, WELL FIRST OF ALL, WAS MILITARY FIRST. -THANK YOU
  • 00:10:38.100 --> 00:10:41.170
  • FOR YOUR SERVICE. -ARMY. WELL, THANKS FOR YOUR SUPPORT. ANYWAY,
  • 00:10:41.180 --> 00:10:45.200
  • WELL, SO MY SON IS FIXING TO GO TO GITMO. AND YOU KNOW, IT'S
  • 00:10:45.210 --> 00:10:52.030
  • THESE PRISONERS THAT WE HAVE THAT WE'RE DETAINING, PRETTY
  • 00:10:52.040 --> 00:10:56.040
  • MUCH HAVE MORE RIGHTS THAN WE DO. WHERE ARE OUR RIGHTS AS
  • 00:10:56.050 --> 00:11:00.220
  • AMERICANS? WHERE WE HAVEN'T DONE ANYTHING WRONG. OUR COUNTRY DID
  • 00:11:00.230 --> 00:11:04.070
  • NOT ASK TO GO INTO THESE COUNTRIES, AND BE THE WORLD
  • 00:11:04.080 --> 00:11:08.140
  • POLICE, BUT YET, WE'RE EXPECTED TO PAY THE PRICE. AND JUST
  • 00:11:08.150 --> 00:11:12.280
  • BECAUSE SOMEBODY GETS UPSET OR, YOU KNOW, HAS A BEEF WITH US,
  • 00:11:12.290 --> 00:11:19.240
  • NOW THEY FEEL THEY HAVE THE RIGHT TO BE ABLE TO, -WELL,
  • 00:11:19.250 --> 00:11:26.060
  • THEY THINK THEY HAVE THE RIGHT TO TAKE JURISDICTION OVER U.S.
  • 00:11:26.070 --> 00:11:28.150
  • CITIZENS. I MEAN, STEVE ON FACEBOOK CONCURS WITH WHAT
  • 00:11:28.160 --> 00:11:31.190
  • YOU'RE SAYING. HE SAID THE ICC SHOULD HAVE NO JURISDICTION OVER
  • 00:11:31.200 --> 00:11:34.000
  • AMERICAN TROOPS. SHOULDN'T THE COURT BE LIMITED TO COUNTRIES
  • 00:11:34.010 --> 00:11:36.070
  • THAT DO NOT HAVE AN INDEPENDENT JUDICIARY? THAT WAS REALLY THE
  • 00:11:36.080 --> 00:11:38.220
  • GENERAL IDEA, BY THE WAY. IT WAS CALLED THE DOCTRINE OF
  • 00:11:38.230 --> 00:11:41.090
  • COMPLEMENTARITY. AND THAT IF YOU HAVE A COMPLEMENTARY LEGAL
  • 00:11:41.100 --> 00:11:44.050
  • SYSTEM, IN OTHER WORDS, AN OPERATING AND FUNCTIONING LEGAL
  • 00:11:44.060 --> 00:11:46.070
  • SYSTEM WHERE IF THERE WAS A VIOLATION OF INTERNATIONAL LAW
  • 00:11:46.080 --> 00:11:48.240
  • AS IT RELATES TO RULES OF ENGAGEMENT OR THE LAW OF WAR,
  • 00:11:48.250 --> 00:11:52.240
  • YOU WOULD THEN GO THROUGH THAT. YOU'VE GOT A MASTER'S DEGREE IN
  • 00:11:52.250 --> 00:11:55.210
  • THIS, JORDAN. I MEAN, YOU WENT TO GEORGETOWN FOR THIS. -OH,
  • 00:11:55.220 --> 00:11:58.050
  • THERE'S A WHOLE SERIES OF STEPS YOU WOULD TAKE. THE FINAL STEP
  • 00:11:58.060 --> 00:12:02.200
  • IS WHERE THE INTERNATIONAL CRIMINAL COURT COMES IN. -AND
  • 00:12:02.210 --> 00:12:04.290
  • WE'RE AT STEP RIGHT NOW, REALLY. -YEAH, I MEAN, AND THEY'RE
  • 00:12:05.000 --> 00:12:07.090
  • SUPPOSED TO ONLY COME IN, THOUGH, TO ASK TO INVESTIGATE,
  • 00:12:07.100 --> 00:12:09.220
  • TO EVEN ASK TO INVESTIGATE WHEN YOU HAVE A SITUATION THAT'S
  • 00:12:09.230 --> 00:12:14.070
  • OCCURRED. LET ME GIVE YOU EXAMPLES, LIKE IN SUDAN DURING
  • 00:12:14.080 --> 00:12:17.190
  • DARFUR OR RWANDA DURING THE GENOCIDE OR YUGOSLAVIA. WHICH,
  • 00:12:17.200 --> 00:12:21.120
  • BY THE WAY, THERE, SLOBODAN MILOSEVIC DIED AT THE HAGUE AND
  • 00:12:21.130 --> 00:12:25.040
  • HE WAS ULTIMATELY EXONERATED AND FOUND TO HAVE NOTHING TO DO WITH
  • 00:12:25.050 --> 00:12:28.060
  • THE ATROCITIES CARRIED OUT BY SOME OF HIS GENERALS. SO, BUT
  • 00:12:28.070 --> 00:12:31.180
  • CERTAINLY WAS NOT DIRECTLY, HE WAS NOT DIRECTLY ORDERING THOSE.
  • 00:12:31.190 --> 00:12:34.200
  • HE WAS NOT A HITLER, IF YOU WILL, CERTAINLY NOT A GOOD
  • 00:12:34.210 --> 00:12:37.240
  • PERSON. BUT THERE'S ONLY BEEN EIGHT SITUATIONS BEFORE THIS
  • 00:12:37.250 --> 00:12:44.020
  • LEVEL OF THE INTERNATIONAL CRIMINAL COURT; THEIR TOP LEVEL
  • 00:12:44.030 --> 00:12:47.120
  • OF THE COURT. THIS IS GOING TO BE NUMBER NINE. AMONG NUMBER
  • 00:12:47.130 --> 00:12:50.070
  • NINE, THERE'S FOUR SCHEDULED RIGHT NOW, FOUR ADDITIONAL
  • 00:12:50.080 --> 00:12:52.280
  • SCHEDULED RIGHT NOW. WE KNOW THIS ONE IS COMING UP IN LESS
  • 00:12:52.290 --> 00:12:55.270
  • THAN A MONTH NOW. SO, THIS WILL BE NUMBER NINE. SOME HAVE LED TO
  • 00:12:55.280 --> 00:12:59.190
  • CONVICTIONS. OTHERS HAVE LED TO PEOPLE BEING ACQUITTED. AND SOME
  • 00:12:59.200 --> 00:13:04.200
  • HAVE LED TO NO ONE EVER BEING FOUND, SO THEY WERE NEVER REALLY
  • 00:13:04.210 --> 00:13:08.120
  • SUBJECT TO, NEVER TRIED IN THE COURT. BUT THIS IS BEING LISTED
  • 00:13:08.130 --> 00:13:14.050
  • AS ONE OF THOSE TYPES OF CASES THAT WOULD TAKE YOU TO THE NEXT
  • 00:13:14.060 --> 00:13:17.100
  • STEP WHERE YOU WOULD EVEN SEE ON THERE, LIKE A WIKIPEDIA PAGE,
  • 00:13:17.110 --> 00:13:20.100
  • YOU COULD SEE, THEY'D START NAMING THE INDIVIDUALS THEY WERE
  • 00:13:20.110 --> 00:13:22.240
  • GOING AFTER. -OH, EXACTLY. SO CURT ON FACEBOOK SAID THIS, WHY
  • 00:13:22.250 --> 00:13:25.180
  • WOULD THE U.S. WANT TO HELP A FOREIGN ALLY IF THEY'RE GOING TO
  • 00:13:25.190 --> 00:13:28.010
  • PUNISH OUR SOLDIERS FOR DOING THEIR JOBS? 100 PERCENT CORRECT.
  • 00:13:28.020 --> 00:13:31.100
  • THAT'S THE PROBLEM HERE. NOW, LET ME TELL YOU WHAT WE'RE IN.
  • 00:13:31.110 --> 00:13:34.290
  • WE'VE GOT EIGHT LAWYERS, MAYBE TEN, EIGHT TO TEN LAWYERS
  • 00:13:35.000 --> 00:13:38.250
  • WORKING ON THIS RIGHT NOW PREPARING FOR THIS. WE'RE GOING
  • 00:13:38.260 --> 00:13:41.240
  • THROUGH A LOT OF RESEARCH TO PREPARE FOR THE ORAL
  • 00:13:41.250 --> 00:13:44.060
  • PRESENTATIONS. WE'VE ALREADY, AS I SAID, ALREADY SUBMITTED SOME
  • 00:13:44.070 --> 00:13:47.000
  • DOCUMENTATION. HOPEFULLY BE SUBMITTING SOME MORE. BUT
  • 00:13:47.010 --> 00:13:49.290
  • THERE'S A THREE-DAY TRIAL, PROCEEDING, AS I SHOULD CALL IT,
  • 00:13:50.000 --> 00:13:53.240
  • BEFORE THE HIGHEST DIVISION OF THE INTERNATIONAL CRIMINAL
  • 00:13:53.250 --> 00:13:56.100
  • COURT, THEIR APPELLATE DIVISION. WE'VE GOT A LOT MORE AHEAD ON
  • 00:13:56.110 --> 00:13:58.260
  • THIS SPECIAL BROADCAST, TALKING ABOUT A MAJOR CASE, INCLUDING
  • 00:13:58.270 --> 00:14:01.090
  • ONE AT THE INTERNATIONAL CRIMINAL COURT WHERE WE ARE
  • 00:14:01.100 --> 00:14:03.030
  • DEFENDING AMERICA'S TROOPS. WE'LL BE BACK WITH MORE IN A
  • 00:14:03.040 --> 00:14:06.010
  • JUST A MINUTE.
  • 00:14:06.020 --> 00:14:07.120
  • [MUSIC]
  • 00:14:07.130 --> 00:14:13.270
  • LOOK AT THE NUMBER OF ISSUES THAT WE'RE DEALING WITH RIGHT
  • 00:14:13.280 --> 00:14:17.230
  • NOW, INSTITUTIONALLY, IT'S PRETTY BREATHTAKING IN SCOPE.
  • 00:14:17.240 --> 00:14:21.050
  • BUT, OBVIOUSLY, THIS ONE AT THE ICC, THE INTERNATIONAL CRIMINAL
  • 00:14:21.060 --> 00:14:23.280
  • COURT, HAS GOT US ENGAGED. WHY? BECAUSE WE ARE LESS THAN A
  • 00:14:23.290 --> 00:14:26.220
  • MONTH, OR WE ARE A MONTH AWAY FROM THAT THREE-DAY HEARING
  • 00:14:26.230 --> 00:14:30.220
  • BEFORE THE APPELLATE CHAMBER; THAT IS THEIR SUPREME COURT AT
  • 00:14:30.230 --> 00:14:33.280
  • THE HAGUE. WE'RE GONNA TAKE YOUR CALLS AT 800-684-3110. WE
  • 00:14:33.290 --> 00:14:36.290
  • ESPECIALLY WANT TO HEAR FROM MEN, WOMEN, THAT HAVE BEEN IN
  • 00:14:37.000 --> 00:14:40.000
  • THE MILITARY, HAVE FAMILY IN THE MILITARY. LET'S GO RIGHT TO THE
  • 00:14:40.010 --> 00:14:42.030
  • PHONES. JORDAN SEKULOW: YES, WE'LL GO TO KATHY IN SAN DIEGO,
  • 00:14:42.040 --> 00:14:44.180
  • CA ON LINE THREE. KATHY, WELCOME TO JAY SEKULOW LIVE. -HI!
  • 00:14:44.190 --> 00:14:48.260
  • -HEY, KATHY. -HI, THANK YOU SO MUCH FOR YOUR MINISTRY OF WHAT
  • 00:14:48.270 --> 00:14:53.180
  • YOU DO TO DEFEND US. -THANKS. -IT JUST SADDENS MY HEART THAT
  • 00:14:53.190 --> 00:14:57.080
  • THERE'S SO MANY LAWYERS THAT ARE GOING TO ARGUE AGAINST THEIR OWN
  • 00:14:57.090 --> 00:15:00.160
  • COUNTRY. -WELL, HERE'S, LET ME SHARE SOMETHING WITH YOU ON THAT
  • 00:15:00.170 --> 00:15:03.050
  • IDEA. SO, YOU'VE GOT AMERICAN LAWYERS, A LOT OF PROFESSORS,
  • 00:15:03.060 --> 00:15:06.180
  • AND THEY'RE GOING TO MAKE THIS A VERY, AND I'LL LET JORDAN
  • 00:15:06.190 --> 00:15:09.060
  • EXPLAIN THIS TO YOU, BUT IT'S GOING TO BE A VERY, THEY'LL MAKE
  • 00:15:09.070 --> 00:15:11.110
  • A VERY, WHAT I WOULD CALL, ACADEMIC ARGUMENT. AND THAT IS
  • 00:15:11.120 --> 00:15:14.040
  • THEY'LL SAY, WE'RE NOT TALKING AGAINST OUR COUNTRY, AND THEY
  • 00:15:14.050 --> 00:15:16.240
  • HAVE THE RIGHT TO DO THIS. I'M NOT QUESTIONING THEIR ABILITY TO
  • 00:15:16.250 --> 00:15:18.170
  • ADVOCATE THEIR LEGAL POSITION, BUT THESE ARE AMERICAN LAW
  • 00:15:18.180 --> 00:15:21.010
  • PROFESSORS, SOME OTHER LAWYERS THAT ARE GOING TO SAY THEY HAVE
  • 00:15:21.020 --> 00:15:25.000
  • THIS PARTICULAR VIEW OF THE PROCEEDINGS. NOW WHAT WE
  • 00:15:25.010 --> 00:15:28.110
  • UNDERSTAND RIGHT NOW IS, IN ADDITION TO THE OFFICE OF THE
  • 00:15:28.120 --> 00:15:30.240
  • PROSECUTOR, IN ADDITION TO THE VICTIM'S LAWYERS, THERE WILL BE
  • 00:15:30.250 --> 00:15:35.000
  • LAWYERS REPRESENTING, WHAT THEY CALL THE NGOS. THAT'S US,
  • 00:15:35.010 --> 00:15:37.240
  • NON-GOVERNMENTAL ORGANIZATIONS THAT HAVE AMICUS CURIAE,
  • 00:15:37.250 --> 00:15:40.020
  • FRIEND-OF-THE-COURT STANDING, TO PARTICIPATE IN THESE
  • 00:15:40.030 --> 00:15:42.080
  • PROCEEDINGS. WHAT'S INTERESTING ABOUT THIS IS THAT WHILE THERE
  • 00:15:42.090 --> 00:15:47.010
  • WILL BE OTHER AMERICANS ARGUING AND IT WILL NOT BE ON OUR SIDE,
  • 00:15:47.020 --> 00:15:49.230
  • THE FACT OF THE MATTER IS, THERE'S ONLY TWO GROUPS THAT ARE
  • 00:15:49.240 --> 00:15:52.070
  • REALLY ARGUING ON THE POSITION THAT WE'RE ADVOCATING, AND ONLY
  • 00:15:52.080 --> 00:15:55.090
  • ONE THAT WILL BE, SPECIFICALLY, ADDRESSING THE U.S. MILITARY
  • 00:15:55.100 --> 00:15:58.160
  • CONCERNS, WHICH IS WHAT THIS IS ALL ABOUT. -YEAH, AND I THINK
  • 00:15:58.170 --> 00:16:01.020
  • THAT IS THE KEY HERE, IS THAT OUT OF ALL THE PEOPLE WHO WILL
  • 00:16:01.030 --> 00:16:03.270
  • BE TALKING AT THE ICC, THE ONLY GROUP, YES, THERE ARE TWO GROUPS
  • 00:16:03.280 --> 00:16:09.100
  • WHO DON'T LIKE THAT THIS PROSECUTOR WANTS TO MAKE THIS
  • 00:16:09.110 --> 00:16:11.260
  • MOVE, WE'RE ONE OF THOSE GROUPS, THE OTHER GROUP IS
  • 00:16:11.270 --> 00:16:15.010
  • INTERNATIONAL, HAS A DIFFERENT FOCUS. OUR FOCUS, SINGULAR FOCUS
  • 00:16:15.020 --> 00:16:20.010
  • HERE, IS ON PROTECTING THE INTEREST OF OUR U.S. ARMED
  • 00:16:20.020 --> 00:16:23.290
  • FORCES. BECAUSE THEY ARE WHO IS IN JEOPARDY, SPECIFICALLY, HERE.
  • 00:16:24.000 --> 00:16:27.220
  • THEY ARE WHO IS NAMED BY THE PROSECUTOR. THE U.S. ARMED
  • 00:16:27.230 --> 00:16:30.240
  • FORCES AND THE CIA. THAT'S WHO IS NAMED BY THE PROSECUTOR. -I
  • 00:16:30.250 --> 00:16:35.080
  • WANT TO PUT THAT BACK ON THE SCREEN. -THAT'S WHO THE
  • 00:16:35.090 --> 00:16:36.240
  • PROSECUTOR WANTS TO INVESTIGATE, THE U.S. ARMED FORCES. -LET'S
  • 00:16:36.250 --> 00:16:39.250
  • GO THROUGH THE WHOLE, I THINK IT'S IMPORTANT, AND THANN BRINGS
  • 00:16:39.260 --> 00:16:42.280
  • UP A REALLY GOOD POINT, IN FACT, BEFORE WE GO TO THIS, JORDAN,
  • 00:16:42.290 --> 00:16:45.110
  • THANN, YOU BRING UP A REALLY GOOD POINT. TALKING ABOUT
  • 00:16:45.120 --> 00:16:47.100
  • SELF-REPORTING, GO AHEAD, THIS IS VERY IMPORTANT FOR PEOPLE TO
  • 00:16:47.110 --> 00:16:50.160
  • UNDERSTAND. THANN BENNETT: WELL, LOOK, IT'S BECOME FASHIONABLE,
  • 00:16:50.170 --> 00:16:53.050
  • JAY, TO ATTACK THE U.S. MILITARY. IT'S BECOME VOGUE TO
  • 00:16:53.060 --> 00:16:55.260
  • BLAME THEM FOR EVERYTHING THAT GOES POORLY IN ANY PLACE IN THE
  • 00:16:55.270 --> 00:16:59.050
  • WORLD. YOU KNOW, WE WANT THEM TO PUT THEMSELVES IN HARM'S WAY,
  • 00:16:59.060 --> 00:17:02.240
  • AND THEN WE DON'T WANT TO GET THEIR BACK WHEN OTHERS ARE
  • 00:17:02.250 --> 00:17:04.220
  • CRITICIZING THEM. JAY, NO OTHER MILITARY SYSTEM IN THE WORLD,
  • 00:17:04.230 --> 00:17:09.160
  • NOW OR EVER BEFORE, EVER SELF-REPORTED VIOLATIONS TO THE
  • 00:17:09.170 --> 00:17:13.140
  • EXTENT THAT THE UNITED STATES HAS. THE UNITED STATES DOES A
  • 00:17:13.150 --> 00:17:15.240
  • BETTER JOB THAN ANY MILITARY SYSTEM EVER AT ANY TIME OF
  • 00:17:15.250 --> 00:17:19.150
  • SELF-REPORTING. AND YET, IT IS THE U.S. MILITARY THAT THE
  • 00:17:19.160 --> 00:17:22.280
  • INTERNATIONAL CRIMINAL COURT IS TRYING TO GAIN JURISDICTION
  • 00:17:22.290 --> 00:17:25.060
  • OVER. WE CAN'T LET THAT BE LOST. AND WHEN OTHER GROUPS FROM THE
  • 00:17:25.070 --> 00:17:27.230
  • UNITED STATES, JAY, COME AND SAY THAT THE UNITED STATES SHOULD
  • 00:17:27.240 --> 00:17:30.170
  • COOPERATE WITH THAT BODY, SOMEONE HAS TO STAND UP AND MAKE
  • 00:17:30.180 --> 00:17:34.160
  • THE OPPOSING ARGUMENT. THAT'S WHY WE'RE GOING TO BE THERE.
  • 00:17:34.170 --> 00:17:36.150
  • -YEAH, THE SITUATION IN THE ISLAMIC REPUBLIC OF AFGHANISTAN
  • 00:17:36.160 --> 00:17:40.200
  • IS THE CAPTION OF THE PROCEEDING. IT IS BEFORE, NOW,
  • 00:17:40.210 --> 00:17:43.190
  • THE APPELLATE CHAMBER, WHICH IS THEIR HIGHEST COURT, FIVE
  • 00:17:43.200 --> 00:17:46.260
  • JUDGES. IT'LL BE A THREE-DAY PROCEEDING. NOW, LET ME TELL YOU
  • 00:17:46.270 --> 00:17:49.270
  • WHAT THE OFFICE OF THE PROSECUTOR IS ACTUALLY ASKING
  • 00:17:49.280 --> 00:17:52.030
  • FOR, THIS IS REALLY IMPORTANT. HERE IT IS, WE'RE PUTTING IT ON
  • 00:17:52.040 --> 00:17:54.200
  • THE SCREEN FOR YOU RIGHT NOW. THIS IS REALLY, REALLY
  • 00:17:54.210 --> 00:17:57.080
  • IMPORTANT. SO, WHAT YOU HAVE IS A SITUATION WHERE THE
  • 00:17:57.090 --> 00:18:00.070
  • PROSECUTION SUBMITS INFORMATION AS TO THE GROUP'S ALLEGEDLY
  • 00:18:00.080 --> 00:18:03.180
  • RESPONSIBLE FOR CRIMES FOR WHICH AUTHORIZATION TO INVESTIGATE IS
  • 00:18:03.190 --> 00:18:07.240
  • SOUGHT. SO, LET'S STOP WITH THAT SENTENCE. SO, JORDAN, RIGHT
  • 00:18:07.250 --> 00:18:10.140
  • THERE, THEY'RE TRYING TO GET A SITUATION WHERE THEY CAN
  • 00:18:10.150 --> 00:18:13.050
  • ACTUALLY OPEN UP A FORMAL INVESTIGATION OF, IN ADDITION TO
  • 00:18:13.060 --> 00:18:17.030
  • THE TALIBAN AND AFGHAN TROOPS, THEY WANT TO DO IT AGAINST THE
  • 00:18:17.040 --> 00:18:20.130
  • UNITED STATES. -RIGHT, HAVE A FORMAL INVESTIGATION TO THE
  • 00:18:20.140 --> 00:18:22.260
  • UNITED STATES. WHAT DOES AN INVESTIGATION, POTENTIALLY, LEAD
  • 00:18:22.270 --> 00:18:25.110
  • TO? IF YOU CAN INVESTIGATE, YOU CAN THEN BRING CHARGES. IF YOU
  • 00:18:25.120 --> 00:18:28.150
  • CAN BRING CHARGES, YOU CAN THEN GET WARRANTS TO ISSUE. IF YOU
  • 00:18:28.160 --> 00:18:31.080
  • CAN GET WARRANTS TO ISSUE, THAT MEANS THAT WHEN U.S. SERVICE
  • 00:18:31.090 --> 00:18:34.160
  • MEMBERS THAT THEY ARE INVESTIGATING HERE OR TRAVELING
  • 00:18:34.170 --> 00:18:36.190
  • ABROAD IN COUNTRIES THAT MIGHT BE ICC MEMBERS, AND MOST OF
  • 00:18:36.200 --> 00:18:39.210
  • WESTERN EUROPE, MOST OF THE CARIBBEAN, MOST OF LATIN
  • 00:18:39.220 --> 00:18:43.080
  • AMERICA, BOTH OF THE COUNTRIES THAT BORDER THE UNITED STATES,
  • 00:18:43.090 --> 00:18:45.230
  • MEXICO AND CANADA, IF YOU'RE TRAVELING THERE, YOU ARE ONE OF
  • 00:18:45.240 --> 00:18:49.200
  • THESE PEOPLE, A WARRANT COULD ISSUE FOR YOUR ARREST. THAT'S,
  • 00:18:49.210 --> 00:18:52.220
  • ULTIMATELY, THE GOAL; THE ULTIMATE GOAL IS TO GET
  • 00:18:52.230 --> 00:18:56.050
  • JURISDICTION OVER THE U.S. AND TO AT LEAST HAVE THE
  • 00:18:56.060 --> 00:19:00.030
  • OPPORTUNITY, IF THEY SO WISH, TO PROSECUTE A U.S. SERVICE MEMBER.
  • 00:19:00.040 --> 00:19:06.230
  • AND I THINK THE WAY IT WOULD WORK, AND AGAIN, THIS IS JUST A
  • 00:19:06.240 --> 00:19:09.050
  • HYPOTHETICAL, THEY WOULD PICK, WHAT, IN THEIR MIND, WAS THE
  • 00:19:09.060 --> 00:19:12.250
  • MOST EGREGIOUS PERSON THEY COULD FIND, ACTIVITY, AN INDIVIDUAL,
  • 00:19:12.260 --> 00:19:18.070
  • AND THEY WOULD GO AFTER THEM TO TRY AND MAKE AN EXAMPLE, THAT
  • 00:19:18.080 --> 00:19:20.180
  • YOU COULD TRACK THEM DOWN AND MAKE THEM FEEL LIKE THEY COULD
  • 00:19:20.190 --> 00:19:23.160
  • NOT TRAVEL SAFELY OUTSIDE THE UNITED STATES. -ALL RIGHT, SO,
  • 00:19:23.170 --> 00:19:25.230
  • THE SECOND SENTENCE SAYS THE REQUEST, LET'S PUT IT BACK ON
  • 00:19:25.240 --> 00:19:27.200
  • THE SCREEN FOR EVERYBODY, THE REQUEST CLASSIFIES THE FACTS
  • 00:19:27.210 --> 00:19:30.220
  • INTO THREE CATEGORIES, DEPENDING ON THE GROUP ALLEGEDLY
  • 00:19:30.230 --> 00:19:34.130
  • RESPONSIBLE FOR THE CRIME. SO, LET'S BREAK THAT ONE DOWN.
  • 00:19:34.140 --> 00:19:38.060
  • AGAIN, THE REQUEST, WHICH IS A LONG DOCUMENT THAT'S BEEN FILED
  • 00:19:38.070 --> 00:19:41.250
  • WITH THE APPELLATE CHAMBER ASKING TO OVERTURN THE PRE-TRIAL
  • 00:19:41.260 --> 00:19:46.130
  • CHAMBER, WHICH RULED IN OUR FAVOR, ACTUALLY, AND THAT IS
  • 00:19:46.140 --> 00:19:51.000
  • THEY'RE TALKING THREE SPECIFIC CATEGORIES. AND, AGAIN, THANN,
  • 00:19:51.010 --> 00:19:54.240
  • WHEN YOU'RE UP DOING IT AT THE U.N., THEY ALWAYS TRY TO LUMP IN
  • 00:19:54.250 --> 00:20:00.050
  • THE UNITED STATES OR ISRAEL, WHOEVER IT IS, WITH ALL THESE
  • 00:20:00.060 --> 00:20:02.220
  • OTHERS, THAT'S KIND OF THE PROCESS. AND YOU'RE GONNA SEE
  • 00:20:02.230 --> 00:20:04.240
  • THAT RIGHT HERE IN A MOMENT. -THAT'S REALLY THE POINT WITH
  • 00:20:04.250 --> 00:20:08.050
  • EVERYTHING THAT THEY DO, JAY, IS TO TRY TO GET THAT
  • 00:20:08.060 --> 00:20:10.170
  • JURISDICTIONAL HOOK. I MEAN, LOOK, IT'S NOT AN ACCIDENT.
  • 00:20:10.180 --> 00:20:12.220
  • THERE ARE MORE CENSURES AGAINST THE NATION OF ISRAEL THAN ALL
  • 00:20:12.230 --> 00:20:15.070
  • THE OTHER NATIONS OF THE WORLD COMBINED. AND IT'S NOT EVEN
  • 00:20:15.080 --> 00:20:17.290
  • CLOSE. JAY, LOOK, I WOULD SAY THIS, WE'VE ARGUED A LOT ABOUT
  • 00:20:18.000 --> 00:20:22.010
  • THE JURISDICTION HERE, THE PROCESS IS JUST AS APPEALING,
  • 00:20:22.020 --> 00:20:25.220
  • BECAUSE THIS IS A PROCESS THAT WAS RESERVED FOR TERRORISTS.
  • 00:20:25.230 --> 00:20:29.110
  • JAY, IT'S A PROCESS THAT WAS SUPPOSED TO BE USED AGAINST THE
  • 00:20:29.120 --> 00:20:31.050
  • TALIBAN OR AL QAEDA OR ISIS OR BOKO HARAM, NOT THE UNITED
  • 00:20:31.060 --> 00:20:35.050
  • STATES MILITARY THAT SELF-REPORTS MORE THAN ANYBODY
  • 00:20:35.060 --> 00:20:37.040
  • IN THE WORLD. SO, WE CAN CERTAINLY ARGUE ABOUT
  • 00:20:37.050 --> 00:20:39.130
  • JURISDICTION, BUT IT'S OFFENSIVE WHEN THE TARGET, WHEN THE
  • 00:20:39.140 --> 00:20:43.000
  • PROCESS THAT IS USED IS INTENDED FOR TERRORISTS, AND IT'S USED
  • 00:20:43.010 --> 00:20:45.160
  • AGAINST THE U.S. MILITARY. -NO, IT'S UNREAL! GO AHEAD, JORDAN.
  • 00:20:45.170 --> 00:20:47.220
  • -ACCORDING TO THE PROSECUTION, THIS IS READING FROM THE
  • 00:20:47.230 --> 00:20:49.260
  • PRE-TRIAL CHAMBER, IT'S PAGE 92 OF THEIR DECISION, WHICH,
  • 00:20:49.270 --> 00:20:54.070
  • ULTIMATELY, SAID NO YOU CAN'T DO THIS, BUT THEY BUT THEY STILL
  • 00:20:54.080 --> 00:20:56.260
  • HAVE TO TAKE PUNCHES AT THE U.S., ACCORDING TO THE
  • 00:20:56.270 --> 00:21:00.050
  • PROSECUTION THERE'S A REASONABLE BASIS TO BELIEVE THAT SINCE MAY
  • 00:21:00.060 --> 00:21:02.150
  • 2003 MEMBERS OF THE U.S. ARMED FORCES AND THE CIA HAVE
  • 00:21:02.160 --> 00:21:06.030
  • COMMITTED THE WAR CRIMES, WAR CRIMES, THAT'S NAZI KIND OF
  • 00:21:06.040 --> 00:21:09.240
  • CRIMES, WAR CRIMES, THAT'S SLOBODAN MILOSEVIC, THAT'S
  • 00:21:09.250 --> 00:21:13.170
  • THINGS LIKE OMAR AL-BASHIR, THAT'S RWANDAN GENOCIDE, THE WAR
  • 00:21:13.180 --> 00:21:17.220
  • CRIMES OF TORTURE AND CRUEL TREATMENT, OUTRAGES UPON
  • 00:21:17.230 --> 00:21:21.290
  • PERSONAL DIGNITY, RAPE, AND OTHER FORMS OF SEXUAL VIOLENCE
  • 00:21:22.000 --> 00:21:25.290
  • PURSUANT TO A POLICY APPROVED, RAPE APPROVED, BY THE U.S.
  • 00:21:26.000 --> 00:21:31.210
  • GOVERNMENT. -RIGHT. -IS WHAT THEY ARE, THEY ARE ACTUALLY
  • 00:21:31.220 --> 00:21:33.190
  • SAYING. -READ THAT AGAIN, I THINK IT'S IMPORTANT, READ THE
  • 00:21:33.200 --> 00:21:36.220
  • ACTUAL DOCUMENT. -THEY ARE ACTUALLY SAYING THAT THERE IS
  • 00:21:36.230 --> 00:21:40.030
  • OUTRAGES UPON PERSONAL DIGNITY AND RAPE AND OTHER FORMS OF
  • 00:21:40.040 --> 00:21:42.270
  • SEXUAL VIOLENCE PURSUANT TO A POLICY APPROVED BY THE U.S.
  • 00:21:42.280 --> 00:21:48.130
  • AUTHORITIES. THAT MEANS SANCTIONED BY THE U.S.
  • 00:21:48.140 --> 00:21:51.220
  • GOVERNMENT. -BY PRESIDENT BUSH? PRESIDENT OBAMA? I MEAN, WHAT
  • 00:21:51.230 --> 00:21:54.080
  • TIME PERIOD ARE THEY TALKING ABOUT THERE? -THEY'RE TALKING
  • 00:21:54.090 --> 00:21:56.130
  • STARTING IN MAY 2003. -I MEAN, UNDERSTAND WHAT THIS IS. SO, WE
  • 00:21:56.140 --> 00:22:00.240
  • DON'T ALLOW THIS COURT TO GET JURISDICTION OVER AMERICAN
  • 00:22:00.250 --> 00:22:03.230
  • SOLDIERS. AND THEN THEY DRAW A DISTINCTION BETWEEN STATES LIKE
  • 00:22:03.240 --> 00:22:07.080
  • THE UNITED STATES SAYING, WELL, THERE'S ARGUMENTS THAT THE
  • 00:22:07.090 --> 00:22:09.180
  • STATE'S NOT A MEMBER OF THE ICC, BUT THE NATIONALS MIGHT BE. IN
  • 00:22:09.190 --> 00:22:14.030
  • OTHER WORDS, THEY'RE CITIZENS HERE IN THE MILITARY. THEN LOOK
  • 00:22:14.040 --> 00:22:17.260
  • AT THE WAY THEY CLASSIFY THE THREE GROUPS INVOLVED, TO ME
  • 00:22:17.270 --> 00:22:22.290
  • THIS IS THE TELL-TALE SIGN OF THE ENTIRE MATTER, AND THAT IS
  • 00:22:23.000 --> 00:22:26.250
  • ALLEGED CRIMES BY THE TALIBAN AND OTHER ARMED GROUPS, OR
  • 00:22:26.260 --> 00:22:30.170
  • TERRORIST ORGANIZATION, ALLEGED CRIMES BY AFGHAN FORCES, ALLEGED
  • 00:22:30.180 --> 00:22:33.120
  • CRIMES BY THE U.S. FORCES AND THE CIA. SO, RIGHT THERE WITH
  • 00:22:33.130 --> 00:22:36.290
  • THE TALIBAN, THEY LUMP IN THE UNITED STATES. AND THERE WILL BE
  • 00:22:37.000 --> 00:22:39.160
  • LAWYERS FROM THE UNITED STATES ARGUING THAT JURISDICTION SHOULD
  • 00:22:39.170 --> 00:22:42.280
  • BE ACCEDED TO HERE. -WHAT'S INTERESTING HERE, I THINK IT'S
  • 00:22:42.290 --> 00:22:45.200
  • VERY TELLING ABOUT THE UNITED STATES, WHY THE PROSECUTORS
  • 00:22:45.210 --> 00:22:49.050
  • SHOULD HAVE NO JURISDICTION, IS THAT THE PROSECUTION MAINLY
  • 00:22:49.060 --> 00:22:52.050
  • RELIES ON FINDINGS OF THE U.S. SENATE SELECT COMMITTEE ON
  • 00:22:52.060 --> 00:22:56.050
  • INTELLIGENCE, THE U.S. SENATE ARMED SERVICES COMMITTEES,
  • 00:22:56.060 --> 00:22:58.250
  • -THANN'S POINT. -AND THE U.S. DEPARTMENT OF DEFENSE. LIKE
  • 00:22:58.260 --> 00:23:01.290
  • THANN SAID, WE REPORT OUR WRONGDOINGS. WE DON'T TRY TO
  • 00:23:02.000 --> 00:23:04.140
  • HIDE THEM. WE ARE NOT TERRORISTS. IF THERE IS
  • 00:23:04.150 --> 00:23:06.260
  • SOMETHING THAT WE BELIEVE THAT WAS DONE WRONG, WE HAVE
  • 00:23:06.270 --> 00:23:10.050
  • COURT-MARTIAL PROCEEDINGS, WE THROW PEOPLE OUT OF THE
  • 00:23:10.060 --> 00:23:12.120
  • MILITARY, WE DISHONORABLY DISCHARGE. WE HAVE WAYS OF
  • 00:23:12.130 --> 00:23:17.050
  • HANDLING THIS. BUT, WE ALSO ACKNOWLEDGE AS A COUNTRY, THAT
  • 00:23:17.060 --> 00:23:20.070
  • WHEN YOU ARE IN WAR, THERE ARE GOING TO BE SPECIFIC INSTANCES
  • 00:23:20.080 --> 00:23:23.150
  • THAT ARE NOT GOOD. AND THAT IS PART OF WAR AND PART OF THE
  • 00:23:23.160 --> 00:23:27.020
  • PROCESS. -THAT DOES IT FOR THE BROADCAST TODAY. BY THE TIME YOU
  • 00:23:27.030 --> 00:23:29.120
  • SEE THIS BROADCAST, WE WILL BE ON OUR WAY, PROBABLY, TO THE
  • 00:23:29.130 --> 00:23:32.070
  • HAGUE. WE'RE VERY CLOSE TO IT, TO ARGUE AT THE INTERNATIONAL
  • 00:23:32.080 --> 00:23:34.280
  • CRIMINAL COURT. I'D ASK YOU TO PRAY FOR OUR LEGAL TEAM. I'LL BE
  • 00:23:34.290 --> 00:23:37.040
  • LEADING THAT TEAM. JORDAN'S GOING TO BE THERE. THERE'S GOING
  • 00:23:37.050 --> 00:23:39.150
  • TO BE PROBABLY 6-8 OTHER LAWYERS. PRAY FOR OUR TROOPS.
  • 00:23:39.160 --> 00:23:42.010
  • THAT'S WHAT WE'RE DEFENDING HERE, THE AMERICAN MILITARY THAT
  • 00:23:42.020 --> 00:23:45.100
  • DEFENDS US EACH AND EVERY DAY. THIS GIVES US AN OPPORTUNITY TO
  • 00:23:45.110 --> 00:23:47.140
  • DEFEND THEM. THANK YOU FOR YOUR SUPPORT OF TBN. THAT KEEPS OUR
  • 00:23:47.150 --> 00:23:51.040
  • BROADCAST ON THE AIR EACH AND EVERY WEEK.
  • 00:23:51.050 --> 00:23:53.280
  • [MUSIC]
  • 00:23:53.290 --> 00:23:57.000