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Joining 'sea of black masks' makes alleged Trump inauguration rioters guilty, prosecutor says
Washington Examiner ^ | Nov. 20, 2017

Posted on 11/20/2017 2:11:22 PM PST by deplorableindc

A federal prosecutor said Monday that six alleged rioters are guilty of charges that carry potential prison time because they joined “a sea of black masks” on the day of President Trump’s inauguration and didn’t leave after some marchers committed acts of vandalism.

Assistant U.S. Attorney Jennifer Kerkhoff admitted there is no evidence that any of the six committed vandalism in downtown Washington, and focused her opening trial remarks instead on fear the larger group caused locals as some activists damaged shop windows and vehicles.

In her opening statement, Kerkhoff used the term “sea of black masks” six times to describe a march that lasted about 30 minutes before being partially surrounded by police, who arrested more than 230 activists, reporters and legal observers.

“You don’t have to be the one who breaks the window to be guilty,” she said. By anonymizing people who did smash windows, she said, “they actively helped those with the hammers and crowbars.”

(Excerpt) Read more at washingtonexaminer.com ...


TOPICS: News/Current Events; US: District of Columbia
KEYWORDS: antifa; jenniferkerkhoff
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1 posted on 11/20/2017 2:11:22 PM PST by deplorableindc
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To: deplorableindc

“You don’t have to be the one who breaks the window to be guilty,”

Uh...yeah you do.


2 posted on 11/20/2017 2:16:47 PM PST by BenLurkin (The above is not a statement of fact. It is either satire or opinion. Or both.)
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To: deplorableindc

This is a FANTASTIC line of argument!

“You don’t have to be the one who breaks the window to be guilty,” she said. By anonymizing people who did smash windows [i.e, by being in the “sea of black masks”], she said, “they actively helped those with the hammers and crowbars.”

So, if you show up at a protest disguising yourself and foiling identification, you are aiding and abetting those who committed the more serious crimes. Love it! Charge them ALL as accomplices.

How long before a leftist judge denies this obvious logic?


3 posted on 11/20/2017 2:18:09 PM PST by ProtectOurFreedom
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To: ProtectOurFreedom

Don’t have to be either a leftist - or a libertarian - to see that this kind of “logic” is a threat to everyone’s rights.


4 posted on 11/20/2017 2:22:50 PM PST by BenLurkin (The above is not a statement of fact. It is either satire or opinion. Or both.)
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To: deplorableindc

If they had all 230 arrestees in this trial they might have something with the non-specific argument. Otherwise, easy win for defense.

I.e., if you’re in a group of folks robbing a house, and one kills somebody, you’re all guilty of murder, as the law goes.

But prosecution couldn’t say that only some are guilty of murder, while others not.

At least, I think so!


5 posted on 11/20/2017 2:26:36 PM PST by fruser1
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To: BenLurkin

Not if the charge is rioting.

Checkmate.


6 posted on 11/20/2017 2:30:29 PM PST by MrEdd (Caveat Emptor)
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To: BenLurkin

I was there and it was pretty bad the police wouldn’t let me going into the parking garage where I left my car and then we needed a police escort into a safe driving area. ANOTHER GUY I SAW WAS SPRAYED WITH pepper spray ON HIS WAY TO WORK AND HE HAD to go to work with his face burning/stinging.


7 posted on 11/20/2017 2:32:50 PM PST by cnsmom (csmom)
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To: BenLurkin

It certainly is a threat to everyone’s “right” to riot.

OTOH, if you realize there’s actually no “right” to riot — the problem is easily solved. Don’t wear a black mask, where masked rioters are creating mayhem.


8 posted on 11/20/2017 2:36:23 PM PST by USFRIENDINVICTORIA
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To: MrEdd

A gathering doesn’t to be very out of hand to be what the law considers a riot. So sure, charge them with that.

If the cops want to send you to jail for something you didn’t do, however, you will want them to prove their case.


9 posted on 11/20/2017 2:37:34 PM PST by BenLurkin (The above is not a statement of fact. It is either satire or opinion. Or both.)
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To: USFRIENDINVICTORIA

Several thugs from my city arrested. If they are convicted of felonies I’m going to do my civic duty and report them to board of elections


10 posted on 11/20/2017 2:38:19 PM PST by Josa
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To: deplorableindc

“Each faces five felony destruction of property charges, a felony riot-incitement charge and misdemeanors for allegedly rioting and conspiring to riot.”

As much as I would have liked seeing police or shop owners shoot these thugs and terrorists - if they had been given the justification - you have to be the one who broke the window to be guilty of felony destruction of property. The obvious exception, if the letter of conspiracy law says otherwise, I’ll leave in the hands of lawyers. The same is true for felony riot incitement.

As for rioting and conspiracy to riot, I can see their presence, in pre-planned outfits that anonymize the other thugs, as proof of conspiracy. Even America’s most dangerous enemies, Antifa, BLM, and other socialist/democrat thugs, have the right to a fair trial. We cannot change the rules just because decent people despise these criminals.


11 posted on 11/20/2017 2:38:49 PM PST by Pollster1 ("Governments derive their just powers from the consent of the governed")
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To: deplorableindc

The minute they HID THEIR FACES during a felony, they needed to be arrested. Think about it - a bunch of people start robbing a bank and you put on a ski mask - probably not a good idea if you value your freedom.


12 posted on 11/20/2017 2:42:33 PM PST by BobL ( I drive a pickup truck because it makes me feel like a man.)
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To: deplorableindc

Masks are illegal anyway in DC.

Who allowed these Bakunin wannabes to get away with as much as they have across the country?


13 posted on 11/20/2017 2:52:49 PM PST by OpusatFR
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To: BenLurkin

“Uh...yeah you do”

Uh...no you don’t.


14 posted on 11/20/2017 2:52:57 PM PST by TexasGator (Z)
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To: BenLurkin

This should get tossed


15 posted on 11/20/2017 2:58:39 PM PST by Jarhead9297
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To: BenLurkin

You have the right to hide your identity in public, dress the same as those committing crimes, thereby acting as their accomplice, and expect this to be consequence free? Why?


16 posted on 11/20/2017 3:02:50 PM PST by FreedomPoster (Islam delenda est)
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To: BenLurkin
You wait outside while the bank robbers knock over the bank and you will be charged as an accomplice. If you are at a riot and dressed like the looters, you are clearly there to give them cover and you had foreknowledge that such violence would most likely occur, you are an accomplice. It is quite clear cut.

Accomplice
A person who knowingly, voluntarily, or intentionally gives assistance to another in (or in some cases fails to prevent another from) the commission of a crime. An accomplice is criminally liable to the same extent as the principal. An accomplice, unlike an accessory, is typically present when the crime is committed.

17 posted on 11/20/2017 3:02:52 PM PST by ProtectOurFreedom
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To: BenLurkin

Read up on conspiracy laws.


18 posted on 11/20/2017 3:05:24 PM PST by SauronOfMordor (Socialists want YOUR wealth redistributed, never THEIRS!)
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To: ProtectOurFreedom; TexasGator

Okay boys.

Just remember: what goes around, comes around.


19 posted on 11/20/2017 3:17:29 PM PST by BenLurkin (The above is not a statement of fact. It is either satire or opinion. Or both.)
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To: SauronOfMordor

This one should make it to the Supreme Court.


20 posted on 11/20/2017 3:27:53 PM PST by Bookshelf
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