Now the governor of Wisconsin calls out the National Guard (plus, is this the end of self-defense in Wisconsin?)
Governor Evers of Wisconsin has authorized 500 Wisconsin National Guard troops in anticipation of the Rittenhouse verdict.
You could say this was prudent, because if there is anything less than a conviction on the most serious charges, riots have been promised. You could also say – and you’d be correct – that this is just another element of the case that will tend to intimidate the jury from rendering a “not guilty” verdict. I would add that in my opinion this jury should have been sequestered, because all of this could have easily been foreseen. But I’m not even sure that the defense asked for that, and at any rate it was not done.
What’s more, irony abounds. Evers didn’t see fit to call the Guard when the Kenosha riots occurred, but he should have. And that’s not just 20/20 hindsight; it was quite obvious at the time. If he had done so, it is highly likely that Rosenbaum and Huber would still be alive, Grosskreutz would have retained his biceps, and Kyle Rittenhouse’s entire future wouldn’t be in jeopardy. There were so many points along the way when authorities made the wrong decisions, and I don’t think it was mere incompetence, I think it was a combination of cowardice and leftist ideology, with sometimes one predominating and sometimes the other.
I fight against my own pessimism, but in this case I’m losing that fight.
In other developments in the trial today, I’m still trying to get a bead on what was decided about the judge’s instructions to the jury. This Legal Insurrection thread is worth reading on that score, but I’m going to wait for Andrew Branca’s roundup tonight of the day’s events before I say much more, except to quote some commenters there.
First we have this:
The state’s entire basis is that there is no such thing as self defense, at least not in practice. In this trial so far the state has argued:
1. Kyle did not KNOW that Grosskreutz was going to pull the trigger, so it wasn’t a reasonable threat.
2. A defender is a threat to their attacker and may even be MORE of a threat provided the defender has a more capable gun. Apparently that invalidates uses of force.
3. Not risking death or bodily harm to give medical aid to the person you shot shows disregard for life
4. Having a gun at all is provocation
5. Being stripped of your gun by an attacker does not create a reasonable fear of death
6. As you pointed out, shooting anyone in any way in a mob is inherently recklessThis whole trial is just a look into what the left wants self defense to look like, as well as court process in general. There is no use of force of any kind that can pass the scrutiny Binger wants applied here.
That’s the way I see it, too: if the jury convicts on these charges, the right of self-defense is pretty much gone in the state of Wisconsin.
There’s also this:
The idea of “recklessness” here is tantamount to a principle that one can never shoot in self defense if attacked by a mob. When will there not be someone “possibly behind” the attacker in a mob? One could go further and point to the historic/common sense fact that a good portion of the most deadly attacks are those of multiple attackers. This is a case of “if not now, when?” That is, if one cannot shoot to defend against mob violence, there is no right to self defense.
A charge of “recklessness ” in this context is not a “lesser included” charge, but entirely negates the right of self defense. It should not be on the verdict sheet as a matter of law (unless)…Kyle was lobbing grenades.
The prosecution got a jury instruction regarding provocation based on some really weak evidence from one video and an “enhanced” frame from said video. The big problem is that with that instruction there will probably be people on the jury that believe that him being there and having a gun was provocation. I am afraid they are going to convict. I am currently hoping for a hung jury. I really can’t see that they got 12 people and none of them are crazy.
Yes, it’s notable that Dem elected officials on the state and city level often voice the opinion that the rioters need to be allowed to run loose and do damage. It came to my attention with the Baltimore riots.
They seem to have a Les Mis world view: the poor, the oppressed, the rioters would erupt into revolution if we didn’t loosen various strictures.
The rest of us are more like “Why are criminals allowed to break laws without fear of retribution?”
Yes, the “recklessness” in this case was that of the Kenosha authorities and the Wisconsin governor who failed to stop the rioting.
5. Being stripped of your gun by an attacker does not create a reasonable fear of death
I guess I couldn’t be a jury on this case because I would be too biased against that point of view. Mostly because getting stripped of your gun and getting killed or worse literally happened here
https://www.nbcboston.com/news/local/weymouth-officer-injured/1966257/
So to me that’s risible on the face of it.
Neo, I think you’re to pessimistic. As long as the law of self defense in WI is not changed, it still applies. Keep in mind that the prosecution case is thin verging on non-existent. All it takes is one juror to stand firm.
Kate,
Under “2010 Wisconsin Code
Chapter 946. Crimes against government and its administration.
946.12 Misconduct in public office.”
https://law.justia.com/codes/wisconsin/2010/946/946.12.html
It appears that the Kenosha authorities and the Wisconsin governor are guilty of Dereliction of Duty.
BigD,
In blue jurisdictions, deplorables such as ourselves are not welcome on juries. Only as defendents may we enter their kangaroo courts.
David Miller,
Apparently you’re still laboring under the misimpression that written laws apply even to deplorables in blue jurisdictions.
Something to read while you wait:
https://www.americanheritage.com/eyewitness-describes-hanging-john-brown
If you read Andrew Branca’s book “The Law of Self Defense” and go through the sections on Wisconsin law you can see that the prosecution has thrown out just about all of it.
There was a question at Ace today about how to defend against a supposedly new tactic that the Left is discussing about just going into your home in numbers, unarmed, and taking stuff as a way to intimidate homeowners.
Asked was, do you have the right to use deadly force against such a home invasion? Here in Michigan the answer is yes legally, as it is too in Wisconsin. But as this trial has shown what is a legal right can be discarded by a zealous prosecutor backed up by a mob.
Yes, Kyle should have waited for Grosskreutz to pull the trigger first before shooting. His claims of Self-Defense lack standing as there was no harm done.
Here in Wisconsin, we have an evil, incompetent fool, as our Governor. He was elected by the Democrats of Madison and Milwaukee. I have no doubt in my mind that fraud was involved.
Scott Walker had done too much damage to the Democrats. So Walker-Evers 2018,was the dry run for 2020.
SCOTTtheBADGER, I am somewhat hopeful about this Kenosha jury. This is not Milwaukee or Madison.
Well, if it IS the end of self defense in Wisconsin, we can save a bunch of money, by taking the troopers of Evers’ Security Team, and put them back in State Patrol trucks back on the road.
No self defense applies to everyone.
I have been saying that the entire prosecution is based on a threat that no one should ever dare resist the Democratic rioters lest the Democratic Authorities come get you. I don’t think it takes a legal genius to see that package.
Kenosha (City and County) have been “soft” Democratic until they swung for Trump. I hope they have the moxie to stand up for Rittenhouse, who is really one of their own. Kenosha is not Milwaukee or Chicago.
Having a Democratic Governor call out the Guard may be a message to outside players, “Enough”, because he knows what is coming if he doesn’t stuff a plug in it. Riot conrol is never pretty even when disciplined people do it. If the Democratic thugs go after the area residents, businesses, or the jury, it may turn into a free-for-all, that the Authorities will not be able to contain. Even a casual look at the trial evidence would make it clear that the rioters are “not us”, are armed, Molotov Cocktails are in play, and the police/Authorities are compromised. Consequently, there is no reason for hesitation if there is an “Act 2”.
Democrat Party equals anarchy-tyranny.
geoffb,
“There was a question at Ace today about how to defend against a supposedly new tactic that the Left is discussing about just going into your home in numbers, unarmed, and taking stuff as a way to intimidate homeowners.”
When they show up, quickly lock your doors. They then have to break through the doors or windows to get into your home. That indicates violent intent. Nor can you know otherwise. If they do break in, shoot the first one through the door and the rest will run.
But to work you have to be willing to employ deadly force. You have to recognize and accept that the Left has declared violent war upon us.
In that situation, I favor the use of a shotgun. You’ll get two or three for the price of one.
SCOTTtheBADGER,
No, as far as the left is concerned, self-defense does not apply to everyone. Its use is now ‘situational’.
DNW,
Yes, leftists and liberals would be reaping what they’ve sown.
That said, those who effectively deny the right to self-defense voluntarily forfeit their own right to life. Whether they recognize it or not is inconsequential to the reality they’ve embraced.
In which case, executing them can in principle, violate no law. Might makes right and political power grows out of the barrel of a gun. And… we on the right have far more guns and are far more skilled in their use, than they.
Once again, those who “play” with fire sooner or later get burned.
Geoffrey Britain,
Even when I lived in the country my doors were always locked unless I was working right outside. I want there to be evidence of any break-in for legal and insurance purposes. I know the law here and am prepared to defend myself and my family.
geoffb,
Be sure to wait till they’re just inside the house before firing.
The collectivist “Hive” (to use the term coined by the late Joseph Sobran) has been itching to outlaw self-defense for decades now, and I sense the Hive is closing in.
Geoffrey, The Judge works
Bilwick:
I would say that the left would like to outlaw self-defense, except for those on the left and/or their specially protected groups.
However, they also want to weaken police protection at the same time, if that police protection falls more heavily against minority offenders – although it turns out that the victims of those offenders tend often to be members of that same minority group. The left could not care less about the fate of those victims, however.
I don’t think the left cares about legal principles like self-defense.
What they want is impunity: Their guys get to do whatever they want without repercussions, and woe to anyone who dares repercuss against them.
Bryan Lovely, I agree. Even here in Texas there are liberal enclaves such as Austin, Houston, and Dallas.
https://news.yahoo.com/texas-soldier-shot-protester-indicted-212523210.html
You have to read a bit into the story to learn why the Soldier shot the “protester.” Or, more accurately, violent criminal.
“ACACIA CORONADO
July 1, 2021·2 min read
AUSTIN, Texas (AP) — An Army soldier who shot and killed an armed protester after driving into a crowd demonstrating against police violence in the Texas capital last summer has been indicted on a murder charge, authorities said Thursday.
Sgt. Daniel Perry, who was stationed at Fort Hood, was booked and released on $300,000 bail, said Kristen Dark, a spokeswoman for the Travis County Sheriff’s Office.
Perry’s attorney, Clint Broden, has said the soldier was working for a ride-sharing company and acted in self-defense after Foster pointed a gun at him. Broden issued a statement Thursday expressing disappointment in the indictment and confidence that Perry would be acquitted….”
Marx and Lenin both wrote that that the communist revolution can’t succeed without “revolutionary terror.” Antifa/#BLM are the Marxists’ revolutionary terror squad.
So, why didn’t Evers deploy the National Guard to end the multi-day riots in Kenosha? Because he agreed with them, and wanted no one to interfere with them. Why did he announce that he’s deploying 500 Guardsmen to Kenosha now? To taint the jury. After all, Rittenhouse was only “reckless” because he showed up despite the fact the Antifa/#BLM had ordered citizens to stay out of the way. That’s Binger’s and Krause’s entire case; had Kyle obeyed the orders of the mob then he wouldn’t have shot anyone.
Grosskreutz testified under oath that Kyle didn’t shoot until he pointed his own gun at Kyle. But he went on Andersoon Cooper and said he never did that; Kyle shot him while he had his hands up. Remind you of anyone killed by a police office before a police officer shot the “gentle giant?”
Judge Schroeder didn’t sequester the jury; they go home each night. They have family. One guy who made it on the jury even admitted during voir dire that he couldn’t be impartial because, “My family isn’t impartial.”
Does anyone believe that jury, and others who admitted bias against Kyle Rittenhour, such as the woman who blurted out, “Why did he need a machine gun,” (and still was allowed on the jury) and those who may not be but may now be intimidated because Evers just told the world there will be violence if they don’t vote the right way (and it will be their fault when Antifa/#BLM riots).
This is a lynching.
Oh, BTW, if you believe these violent mobs the left supports and has unleashed on their cities don’t constitute revolutionary terror, just remember one thing. In Kenosha after the police had driven them out of the city center they then marched through residential neighborhoods. And shined flashlights into the residents’ windows, even throwing rocks through their windows, and demanded the residents come out and support them. I read that one man yelled at them many of the residents in that neighborhood would even support them. He didn’t understand what was going on. They don’t want anyone’s voluntary support. They want forced compliance.
I’ve jumped the gun (actually, jumped to the gun) and assumed this since the wimpy response of liberal prosecutors and aggressive response of rat bastard liberal defense lawyers to the George Floyd riots locally last year.
All ye slaves of satan, witness what being a slave means.
You have to recognize and accept that the Left has declared violent war upon us.
This is just a war of fevered imaginations. Look, just Om here the new anon.