Appeals court upholds Charlottesville rally convictions but criticizes anti-riot law

The Hill ^ | Aug. 24, 2020 | John Bowden

[yesthatjallen]

A federal appeals court upheld the convictions of two white supremacists involved in the deadly 2017 Unite the Right rally in Charlottesville, Va. but also determined that parts of a federal anti-riot law was too vague.

The 4th Circuit Court of Appeals ruled Monday that Benjamin Drake Daley and Michael Paul Miselis, members of the white supremacist Rise Above Movement, would see their convictions under the Anti-Riot Act stand because the court found the two had admitted to committing violent acts during the now-infamous rally.

The two defendants, who traveled from California along with other members of their group, reportedly admitted that none of their violent actions were in self-defense prior to making a guilty plea in a lower court, which the appeals court said rose to the level of “commit[ting] any act of violence in furtherance of a riot."

The court did, however, toss out portions of the 1968 Anti-Riot Act which it ruled "sweeps up a substantial amount of speech" protected by the Supreme Court case Brandenburg V. Ohio, which established tests to decide whether speech rises to the level of incitement.

“Because we also find that the discrete areas of overbreadth are severable — meaning that the remainder of the statute is constitutionally valid, capable of operating independently, and consistent with Congress’s basic objectives — the appropriate remedy is to invalidate the statute only to the extent that it reaches too far, while leaving the remainder intact,” the court's opinion read.

SNIP

[yesthatjallen]

...none of their violent actions were in self-defense prior to making a guilty plea in a lower court, which the appeals court said rose to the level of “commit[ting] any act of violence in furtherance of a riot."

Why is this standard not applied to Antifa?

[gr8eman]

Because they’re special...short bus special, that is!

[preacher]

l8r

[MadMax, the Grinning Reaper]

#1. You got it!! This sets a precedent to be used against Antifa/ BLM, Black Bloc anarchists, and communists who organize and/or join a riot, using violence. This will apply especially to those communists, black racists and psychopaths who cross state lines to participant in or incite/institute violence at any protest.

AG Barr: I know that you and your team are looking at this decision. MAKE IT WORK FOR YOU AND AMERICA AGAINST OUR INTERNAL ENEMIES.

MM: Former undercover operative inside the Left.

[lepton]

Why is this standard not applied to Antifa?

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I suppose to start with, Antifa tends not to stipulate they have no legal defense, that they were not acting in self-defense, and that they travelled there to commit violence.

[The_Media_never_lie]

Recall, this whole event was planned by an Obama supporter. I know there were some self proclaimed “white supremacists” at the rally, and they IMHO were a motley group of losers, maybe 40? A lot of the people there were against removal of historic statues. Antifa came to the rally with the intent of fomenting violence.

There was attempt at holding another rally maybe a year later, and there were only about 15 “white supremacists” attending. Fortunately, just a small number, and maybe almost 1/2 of them undercover FBI, etc.?