Kemp’s Commercial Could be Criminal
As a prosecutor, I prosecuted dozens of individuals, who pulled out a weapon and pointed it at someone with the intent to cause fear in that person. Some of those people are likely still in jail. As a defense attorney, I have defended individuals at trial who were accused of aggravated assault when they pulled out a gun in response to a threat. In Georgia, pointing a firearm at someone is a serious crime. Brian Kemp simulated a crime on television in an effort to convince people to vote for him.
The Georgia General Assembly has created three separate crimes that potentially cover the actions that Republican Gubernatorial candidate Brian Kemp displayed in his most recent commercial. Check out the entire cringe-worthy commercial here: https://youtu.be/4ABRz_epvic
As a parent, I have heard the expression “you better get your shotgun ready.” We all know that is a euphemism used to refer to someone’s daughter that will soon be a heart-breaker with the boys. With that said Mr. Kemp – that is an expression not a directive. In the same way you would not display your daughters in a commercial literally taking human hearts and breaking them, it is not appropriate to get your shotgun to intimidate someone on television.
Lets review this commercial through a prosecutors lens.
The commercial opens with Kemp displaying all the firepower he owns. Five handguns to his right, two AR-15 type guns against the wall, a rifle behind him, three more rifles laid out on the table and a rifle in his hands directly pointed to his left. Also, to his left, a young man who looks school aged that we quickly learned is named “Jake.” “Jake is a young man interested in dating one of my daughters,” says Kemp.
After the mass shooting in Nevada and Stoneman Douglas high school – let me be the first to say Mr. Kemp – TOO SOON. The idea of putting a high school aged child in a frame with the same rifle used to kill children just one state away seems extremely miscalculated and insensitive. But Kemp didn’t end there. 
Kemp had Jake list out his platform for Governor in very simplistic terms. However, frankly, I don’t know what those points were. Why? Because the prosecutor in me couldn’t help but to focus on Jake’s eyes darting towards the gun pointed at him. After reciting each platform point, Jake looked at the firearm with fear in his eyes. Kemp was stroking the gun incessantly while using what many would consider as threatening gestures or language.
Jake did not look happy or comfortable. As a prosecutor it looked like Jake was “in reasonable apprehension of immediately receiving violent injury.” It did not help that Kemp scowled the entire commercial.
Then, Kemp cocks the gun and points it squarely in the direction of Jake, while Jake describes how having a “healthy respect for the 2nd Amendment” is a requirement to date Kemp’s daughters. Secretary Kemp, does this “respect for the 2nd Amendment” include not committing a crime with a gun? If so, then if this were real you would have failed sir.
Georgia being an open carry state does not mean you can assault people, commit simple assault, threaten a juvenile and call it good fun. Anyone else doing the exact same thing off of camera would be in jail. Setting a great example for Georgians there Kemp. Thank goodness Kemp’s daughters are not dating black boys …
Let me put on my defense attorney hat. I would be defending Jake in this instance. Jake would have been more than justified in grabbing one of those nearby firearms. Particularly once the gun was cocked and pointed in his direction, no jury could deny that Jake was acting in self defense.
SIMULATED SELF DEFENSE HEARING:
Attorney: “Jake why did you grab the gun off the table and point it at Secretary Kemp?”
Jake: “Because, I was afraid he was going to shoot me.”
Attorney: “Jake he is running for the Governor of Georgia. Why would you be in fear of serious bodily injury?”
Jake: “Because he had the darn gun pointed in my face and then he cocked it. He was scowling at me and I did not feel free to leave.”
I would also defend Jake’s father, if he showed up at Kemp’s door with a gun of his own. See how Kemp likes it when someone his own size cocks a gun in his face. Where I am from in Georgia we have a saying, “don’t pull it unless you intend to use it.”
I understand this was a staged commercial and Jake was not in actual fear of serious bodily injury. However, can we ignore the fact there are more than 500 accidental gun deaths in American annually? Did we forget that former Vice President Dick Cheney shot a man in the face as a display of one of those accidental shootings? Is this what we want from a Governor? Is there not another way to show support for the 2nd Amendment without simulating a crime on television? What happened to responsible gun ownership?
Here are some suggestions for candidates who want to show respect for the 2nd Amendment as a way to attract voters. Show us how you keep those guns away from the mentally ill. Display your impressive gun case with the LOCK on it to avoid another mass killing at a high school. Display how you checked to be sure Jake is mentally stable before you showed him where he can get a stash of weapons of mass destruction.
What Kemp displayed is not respect sir, that is called fear. Intimidating your way into office is not a tried and true campaign style. Show voters that you are willing to LISTEN to the youth rather than scaring them into submission.
I own guns and I strongly agree with our right as American’s to protect ourselves. Looking at that commercial, Kemp is the kind of guy I am trying to protect myself from. People who use firearms to intimidate others because they are too weak to handle a sixteen year-old, bird chested, acne faced teen – man to man – is not Governor material.
I expect more from a Secretary of State and candidate for Governor. At the lowest level, I expect all candidates for Governor to understand the laws of simple assault, aggravated assault, and possession of a firearm during the commission of a felony before he runs for office.
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LaDawn LBJ Jones
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The onion now does political consulting.
“Thank goodness Kemp’s daughters are not dating black boys …” That we know of.
Just out of curiosity–who has jurisdiction over this? Would it be GBI since it is broadcast (presumably) throughout the entire state? If the Jacksonville/Chattanooga stations have it as well would that make it a federal offense?
Wherever the offense occurred. That is the city/county where the gun was pointed.
Although I don’t think a crime occurred here. A crime was just simulated @ED
Perhaps – and I am just spit balling here – this was a fictional portrayal. You know, like the hundreds of movies shot in Georgia each year that also use guns. Are we going to dissect each one for possible weapons violations under Georgia law, or do we only do that for political candidates we disagree with?
But I’d also like to point out your stunning lack of knowledge of firearms in your hypothetical self defense hearing. Mr. Kemp did not “cock the gun” he merely closed the break.
definition:
cock (a gun)- to make a gun ready to fire.
Total false equivalency. One is scripted and well planned to oander through eliciting maximum emotion, handled by non professionals.
The other is a professional union crew shooting movie scenes in a closed set out of sight of the public with props designed to never shoot a projectile.
Comparing the two is like comparing The GOP with real leaders.
1. Kemp is not the sharpest tool in the shed.
2. You never ever point a gun at anything you are not going to actually fire upon.
3. All guns are to be treated as if they are loaded and off safety especially with the breech closed.
4. The display of AR types in front of a school age kid given the recent climate is just wrong.
5. This display of Kemp’s “wit” as a candidate for Governor of Georgia is a disgrace that will live long after this campaign as a joke to other regions of the country.
6. Maybe the joke is that we haven’t had a good one for Governor since Lester. See statement 1 again.
“You never ever point a gun at anything you are not going to actually fire upon.”
Tex McIver ought to have known that.
I hope Kemp wins the primary.
So in other words, you want Kemp to be our next governor.
The original post is an abject embarrassment.
The fact that you felt the need to even write this column shows you are just plain needing something constructive to do. Let’s see, its a joke. Libs don’t have sense of humor. Obviously. Then there is the “intent” aspect. Worked for The Hag. Works for Kemp. He didn’t intend to yhreaten the boy. Case is closed. And look, the gun is actually pointed to the left of the boy!! You people are hopeless!
“its a joke” are you referring to his whole campaign? Or just the commercial? LOL
Actually your idiot column. Where the hell has Bart gone?? We need some common sense in these postings!
Andrew, you missed the whole crying closet art installation from Thursday’s reads.
Here’s my common sense: The commercial could have been equally mediocre, but set a better example of safety, if the gun had simply been pointed away from the child.
So, perhaps Kemp lacks that kind of common sense.
I know you were on vacation…its very tiring trying to sub in for you. I made several attempts, and gained a new respect for the effort it must take
You were on vacation? Didn’t notice. Ummmm…welcome back??
I guess the filming industry will need to find a new home other than Georgia since it seams no movie can be made without pointing a gun or a facsimile of a gum at somebody..
No they can stay —- I like running into celebrities. The film industry just can’t run for the Governor of Georgia.
Don’t think I’d want to “run into them” 🙂 Meet them maybe. I don’t see where there is an exception made for the movie industry or filming a commercial in the law….
As gun-guy, I cringed when I saw that ad. The ad reinforced the lying media’s portrayal of gun owners and intentionally misleads viewers about the purpose and importance of the 2nd Amendment.
The 2nd Amendment has nothing to do with threatening someone to treat their daughters nicely. Zero. Zip. Squat. Short of a crime of violence (rape, assault, etc.), guns have no place in a discussion.
LOVE YOUR RESPONSE!
Let’s just be honest here. If this guy is meeting her dad, I will bet 9/10 times, dude has more than taken just an interest.
I don’t know what decade Kemp is living in.
Have y’all noticed the entire GOP leadership acts more like lap dogs than lead dogs?
Just sayin…
Your intellect and responses are truly dizzying…We miss you.
Cagle already has the NRA endorsement locked up so these other guys maybe should try a different angle.
I always thought Kemp was dumb but when I saw this commercial I changed my opinion. Kemp is badly in need of professional help. Who exactly does he think would be enticed to vote for him based upon his holding a teenage boy hostage at gun point and forcing him to recite his platform?
Speaking of unhinged and radical commercials…and this is clearly NOT! , I am offended at the buffoon. ” Tax Hike” Mike Dukakas driving around in that tank trying to be a bad ass a few years back scaring everyone. A tank mind you, not just an itty bitty shotgun! Of course he looked like a fool and lost 49 states! Now don’t forget Joe Biden says EVERYONE should own a shotgun right? How appalling. With all of the gun violence the only candidate the libs had that was not a confirmed felon or a radical socialist was advocating arming EVERYONE! Where was the outrage? Look it up. This is just a father protecting his daughter….in a funny way. Oh and never forget the nuclear bomb add Lyndon Johnson had against Goldwater —the little girl with the Daisy? Out of the old groveyard of favorites… https://www.youtube.com/watch?v=fbIfVEboAzg . And every morning a few years back with had to listen to socialists who loved Gorbachev and hated Reagan tell us that Reagan was the problem! And the same hyperventilating snowflake nitwits tell us that Donald Trump is the next Hitler. The guy who may denuke the Korean Peninsula and actually get tough with IRAN who was caught cheating on the nuclear deal just today…. The is from the same guys who offered not a single policy that helped create a stinking job in the last 9 years and cant do a thing but ruin healthcare and raise your taxes. So all I can say is spare me please…This ad is a joke. Maybe not perfectly performed but hardly a CRIME! Look at the over the top lying adds the libs run every election. Everyone is a racist, woman hating, gay and granny hater if you don’t want to tear down every statue and ban free speech on campus and if you disagree with them…. They rigged their own primaries, were too lazy to show up to campaign in states they lost, tried to rig the last presidential election, colluded with the IRS, FBI, Justice Department, DNC and the press college to throw the election and then overturn it after they lost and then had the stones to blame it all on Trump!….My Lord the pot is so black the kettle looks like a snowflake!
“Snowflake” is tossed around here like “RINO” was on the old PP.
The funny thing is, most of the people who use it are the same dolts who get so worked up over any mild slight (Delta, YETI, comediennes). I was in my truck a lot of the day and all the talkers I heard were just aghast over the correspondent’s dinner.
Okay, I don’t disagree with the jobs numbers. Can you name any policy that Obama passed that helped those numbers? I can easily argue that every tax and every regulation harmed jobs. Obamacare ruined full time employment. So those job numbers were decent DESPITE the horrific efforts from Obama’s Washington. I would welcome listing ANY policy that helped create a job! I have offered friends free dinners, green fees and liquor if they could and have not had to pay off yet. The only things I got were Cash for Clunkers and the bailout of the car companies which bankruptcy court protects anyway… Give it a try folks….Lets see how short the list is! And those are more reasons why Hillary lost. Policies that helped no one.
OK, saw the ad last night and Kemp did NOT point the shotgun at the other person in the ad. So, what is all the fabricated outrage about other than people who don’t like Kemp broadcasting their artificial indignation. If nothing else some people may switch votes to Kemp because of this pathetic hit job. Hell, I may even vote for him myself. God I’ll be so glad when election season is over.
OK, look at the picture at the top of this screen. Maybe he doesn’t have the kid centered, but it is definitely meant to convey an imminent threat.
These guys are running to be leaders. This isn’t some stupid YouTube “here hold my beer” thing. As aspiring leaders we expect them to act like good examples of judgement and competence. This ad does not do that.
And some things you just don’t joke about like this, especially when you are trying to convince people that your are responsible and thoughtful.
Sometimes the weakness
of the fleshfor weapons overcomes the judgement of the mind.To paraphrase Alabama Senator Richard Shelby: Georgia, is this the best we can do?
This isn’t menacing or threatening Its FICTION! Reminds me of Ernest goes to Washington. In fact, these ads are fiction what can you say in 60 seconds that would convey how well you will lead the state? The only purpose of these ads is to create a buzz out there so people talk about it. In that case Kemps ad did just that. Is it sad? Hell all political ads are sad and stupid. Is this the best we can do? That why I want “None of the Above” on the ballot. The only problem is none would win most races.
Yes, it’s an image of an imminent threat.
Let me ask you this, would you feel differently if he was pretending to beat the kid up? Like had him by the collar with a balled fist cocked back? Would you think that was funny or appropriate? I think that would make it much more obvious how juvenile and ridiculous this ad is. But the presence of the gun(s) changes the tone. Because guns shift the perspective of the viewer into an already chosen tribe. But the reality is that it is still a stupid way to convey any sort of message for someone who wants to lead.
It’s fiction Benevolus that’s all. You must have problems watching Friday the 13th. If guns “shift the perspective” then petition to ban westerns. No more Clint Eastwood in High Planes Drifter or the Good the Bad and the POLITICALLY ugly! Saul Alinski just doesn’t work here.
Well hopefully we can at least agree that he is trying to make some kind of point. Presumably it wasn’t just a depiction of an ordinary day in the Kemp household.
Is it too late to change the law and let Nathan Deal run again? Maybe we can find better candidates in four years.
OMG!!
Read the statutes.
There is no crime here in the commercial, plain and simple.
Two actors playing parts.
Bad taste but nothing criminal.
The writer is s real attorney? Oh my!!!!!!
It appears that reading comprehension continues to be a problem with many of our citizens:
“Brian Kemp simulated a crime on television in an effort to convince people to vote for him.”
Why does Noway/head Dumbass get away with fake accounts?
Why so grumpy, Doc, index finger macerated again? LOL! Didn’t they make you start wearing gloves? Anyway, if you’re talking about that Downthemiddle guy, he ain’t me but after studying his posts, I consider his smarts almost as formidable as mine!
I agree!
Thank God for 24 hour Waffles Houses! Anyway, Kemp needs to unfurl his own “Mission Accomplished ” banner. He has just guaranteed his place in a run-off. The knee jerk reaction from the Weenies has made this thing go national!! Hysterical!!!
Bring back high school shooting teams and lower the age for all gun purchases to 18!
MGaGA!!!
The ad might remind older voters of the opening line in the “Ballad of Bo and Luke Duke” (from the 1980s sitcom “Dukes of Hazzard”). Playing to some banjo music, it starts “Just two good ol’ boys, never meanin’ no harm….” (no “g” on the end of “meaning” think like “gonna” instead of “going to”)
But, more seriously, probably “aimed” (no pun intended) more at the outside metro Atlanta voter. Recall in 2010, Handel carried metro Atlanta in the runoff against Deal, but it wasn’t enough to offset his advantage in the rest of the state. Deal got about 156,000 votes in the July 2010 primary, about 19000 more than third-place Eric Johnson. So it may not take that many votes to make second this time….
And there is also a contingent of us older voters who have resented being lumped in with the Goobers, Jethros, and Boss Hoggs of Hollywood characterizations. I had to fight these ignorant stereotypes my entire career, even in Germany. I must admit though that Brian Kemp does match them to a T.
Look at the map in Ed’s The Vast Majority of Georgia’s Counties Are Economically “Distressed” or “At Risk” and tell me why rural Georgia would want to keep the status quo of politicians like Brian Kemp.
Different topic here but a stunner if you ask me. Did you see Hillary say she lost because she is a capitalist and so many democrats are socialists? I have said for at least the last 10 years that the democratic party is nothing more than the socialist party but folks would all disagree or recoil from that. Now even the candidates acknowledge this. Good Lord why would anyone throw out the most successful, powerful economic model ever created and substitute it for a miserable, failed system?. What the hell happened to education and common sense in this country? When did this disaster take place? Is this what groupthink, discouraging free speech, gun confiscation, creating safe spaces, crying closets, tearing down statues, banning free speech on campus gets you? Hell Kanye West cant even say he likes Trump without these intolerant losers wanting to kill him or ruin him. How healthy is such a sick attitude? Is this respect for differing viewpoints. This is sad and scary.
https://splinternews.com/hillary-clinton-says-a-being-a-capitalistbly-hurt-1825732208
Of course it’s relevant ’cause Hilly is desperate to keep her mug in the news! LMAO! And is it now Snivler the Skool Marm?!?!? LOL! Don’t address anything Down might have said, which is 100% correct, by the way! Could it be that Down is relatively new here and might not know the rules relating to new ideas and where to post them? Good grief! I’ll bet you were that kid in elementary school that used to love to “take names” when the teacher left the room!!
So criticizing Kanye for something he said is sick, sad, and scary, but criticizing Hillary Clinton for something she said is apparently A-OK.
If your screen name is intended to convince people of your political perspective, you’re not fooling anybody. Well, maybe one or two here.