Thursday, November 11, 2021

Miranda and Kenosha

 I have been following the Rittenhouse case now playing out in Kenosha, WI, as time allows.

The case centers around the riots that occurred last year at the height of the BLM protests.  This case has become a cause celebre for differing viewpoints, but it seems to especially be a defining moment for the Second Amendment, and the absolute right to self-defense.

I'm no attorney, but during my career I've been involved in hundreds of court  cases, and I cannot believe that this set of circumstances ever came to trial.  Every witness the prosecutors called have supported the defendant's claim of self defense.  The prosecution has crumbled into disarray.  There is no case here, yet they struggle to retain their dignity.  This case should never have come to trail, but the left-wing outrage of a person actually exercising the Second Amendment has then in a froth.

Yesterday, prosecutors attacked the Fifth Amendment rights of Rittenhouse and were severely admonished by the Judge. The defendant's right to remain silent is a bulwark of our criminal justice system, and has been since 1966.  It is taught in every law enforcement academy and (I presume) every law school since then.  Tons of jurisprudence support this right, and yet the prosecutors attacked it.  The judge, rightfully, blew his stack.

All that I can figure is that the prosecution is looking for a mistrial as their only way out.  My reasoning follows.  1) If they drop the case, the left erupts. 2) If the case goes to the jury and results in acquittal, the left erupts. 3) With the evidence at hand, this case will not result in a guilty verdict.  The best they can hope for is a hung jury.  In that case, the left erupts.

The prosecution is in a bind. Their case is in taters, with no prayer of conviction.  The best they can hope for is a mistrial.  But, a mistrial is not in their hands, it must be ordered by the judge, so they have to behave so egregiously bad that the judge has no choice.  It is a horrible choice, but it may be the only ay that they can keep BLM, Antifa and the radical left from burning Kenosha.  Again.

It's an interesting case, from a variety of viewpoints.


James said...

It could be just as simple as the limitless arrogance and stupidity of the left.

Drew458 said...

If the left erupts, shoot them. It's self defense at this point. Ok fine, they can have their hippy protests, who cares? But when they start to riot, to Burn Loot Murder, another pantyfa uprising, then it's game over.

James said...

Here's a good explanation of the mental functions of the left

Termite said...

Andrew Branca over at Legal Insurrection is covering the trial quite well.

His thoughts on Monday's testimony:

Mike-SMO said...

Kenosha is just one of many doomed cities that are to be cleared to allow colonization by all those Illegal Aliens that the Left has been importing. Compton, Calif is the model where a Hispanic population invaded a ~100% Black killing field to establish a functioning, now ~70% Hispanic, municipality. The "normies" and the surviving businesses must be eliminated to make way for the new comers. Targets like Kenosha are going to burn, no matter how the trial ends. If it isn't about Rittenhouse, it will be the death of another ghetto druggie thug somewhere else.. They got "a million" of them.

Unknown # 4B, Jr. said...

As Drew said: "If the left erupts, shoot them. It's self defense at this point."

Or, save your ammo and just let them burn all of Kenosha to below ground level. Heck, buy them the gasoline to do it with. At this point, who cares about Kenosha? I haven't seen anything to indicate it's worth saving. Just make sure any surviving Kenoshans stay in what's left of Kenosha, we certainly don't need any of them near where I live.

Mike-SMO said...

Wisconsin is a hot area politically. Kenosha City and County have been Democratic but swung to President Trump so the Democratic Governor and Democratic Kewnosha officials may want to "punish" that area. Whatever, I would not expect the "authorities" to take any effective action in the future against "demonstrators", especially if the plan is to clear the area for an Illegal Alien colonization that would probably provide Democratic support. I suspect that the objective of the Rittenhouse persecution is a threat to any who might dare to resist the violence.

Why would it be fair (appropriate) to allow Democratic riots, looting and arson, supported by official inaction, to destroy the homes and livelihoods of the people of Kenosha, whatever the Democratic rationale is?

Bob said...

Just as in the case of Patricia and Mark McCloskey in St. Louis, the Left will not allow their stormtroopers (Antifa and BLM) to be interfered with. Kyle Rittenhouse's prosecution was politically motivated to discourage any other conservatives from taking arms to stop the communist takeover of the US.