Outlaw Conservative S01E021 – Showing Their Hand

Liberals have never been big fans of the US Constitution. It was written by God fearing White men, in an unmutilated dialect of English. It limits Federal authority. It specifically protects religious practice, free speech, and firearms ownership. It recognized that not everyone was suited to participate in politics. In short, it was specifically designed to prevent their designs from being implemented.

They realize though, that expressing this hostility outwardly would not be advantageous to their political aspirations. So they pay lip service to the founding documents when it suits them. For example, when they want to prevent Trump from exercising the powers seized by prior Democrat administrations. When they want to impeach the President, this convenient snippet will serve them well.

Some Leftists are not quite so well trained as others. Luke Barnes at ThinkProgress is one example. He expressed outrage on the pages of his silly blog that “Judge says white supremacists charged over violent riots are protected by First Amendment

For people like Luke, opinions which are hostile to their aims ought not have the protection of law. For them, laws are not rules to be enforced universally to impose order, but rather excuses to harm people he disagrees with, and conveniently ignored when it comes to people whom he supports, such as the interstate transgender riot club commonly known as Antifa.

The case which has inflamed Luke’s hatred of American jurisprudence involves members of a group known as the Rise Above Movement. They stood accused of going places where they expected to be assaulted, and defending themselves and others from communist terrorists. Since their political views are not presently in fashion, federal prosecutors alleged they had no right to do either, and indicted them under the Riot Act.

U.S. District Judge Cormac Carney, fortunately had the integrity to call BS on this nonsense.

On November 1, 2018, the Grand Jury returned a two-count Indictment charging Defendants with conspiracy to commit rioting, in violation of 18 U.S.C. § 371, and travel or use of interstate commerce with intent to riot, in violation of 18 U.S.C. § 2101. (Dkt. 7 [Indictment].) Defendants Robert Rundo, Robert Boman, and Aaron Eason now move to dismiss the Indictment. Because the Anti-Riot Act regulates a substantial amount of protected speech and assembly, the Court finds the Anti-Riot Act is unconstitutionally overbroad. Accordingly, the Court GRANTS Defendants’ motion to dismiss.

Luke is hardly unique in his contempt for the Constitution. This has sent the bulk of the Leftist media into a panic. A Federal Court deciding that unfashionable political views retain the right to speak, travel, and defend themselves is a lethal threat to their designs.

Ryan J. Reilly and Christopher Mathias at the Huffington Post likewise threw a fit over the outcome of the case in a post titled “White Supremacists Keep Beating The Federal Government In Court“. Mathias, it is worth noting, was exposed to be conspiring with a true terrorist group, the communist rioters who proudly brag about their crimes in the name of “Anti Fascism”. The man who exposed his connections to the terrorist group, was subsequently banned from Twitter.

They see the case as “The latest setback in a domestic terrorism-related case shows how much tougher it is for the feds to prosecute neo-Nazis than Muslim extremists.”

Of course, it is not a setback to prosecuting terrorism. The setback to prosecuting terrorism is the political correctness which has permitted the Antifa scum who instigate this mayhem to do so free of concern for repercussions. To date, not one leftist has been prosecuted for a felony stemming from the Charlottesville riots instigated by the Left. This despite the fact that the City of Charlottesville hired law professor and former United States Attorney Tim Heaphy to conduct an independent investigation of the events that unfolded that weekend, and he concluded from the abundance of available evidence that the Left came for the explicit and heavily advertised purpose of assaulting rallygoers along racial and ideological lines.

He noted, for example, the extreme disparity in law enforcement cooperation between Leftist rioters and Rightist rally planners.

Throughout the planning stages for August 12, detectives and officers attempted to contact individuals associated with the various groups that might attend or protest against the Unite The Right event. Some efforts were unsuccessful because groups—like Antifa—have no discernable leadership structure or prefer to remain anonymous.

Efforts to contact local Charlottesville residents associated with counter-protester groups were met with extreme resistance. As described above, officers attempted to speak with members of Standing Up for Racial Justice and Black Lives Matter, resulting in demands by a local attorney that such contacts cease. As a result, detectives were instructed not to reach out to anyone affiliated with those groups. Officers told us that they were frustrated that their safety-focused information-gathering actions were construed as harassment against vocal members of the community and by the resulting limitation in their ability to gather important intelligence.

In contrast…

Members of several militia groups contacted CPD, including George Curbelo and Christian Yingling, the commanders of the New York Lightfoot Militia and Pennsylvania Lightfoot Militia, respectively. Captain Mitchell told us that CPD explicitly rejected coordinating with these groups and asked them to “stay away.”

Jason Kessler was the most informative human source CPD had in advance of August 12. Captain Lewis was Kessler’s primary point of contact within CPD, and they exchanged emails and met on several occasions between early June and the first week of August. Lewis told us that her goal with these exchanges was to determine how far Kessler was willing to work with law enforcement. And, initially, it seemed he would cooperate. For example, they discussed whether Kessler would be able to set up tents in the event of inclement weather and how he could drop off and load audio equipment. On one occasion in July, Kessler came to the police station with his associate Brian Brathovd to review the CPD security plan.

Kessler delegated many police discussions to associates who he designated as “security” for the event. One such individual was Jack Pierce, who Kessler indicated was affiliated with
Richard Spencer. Lewis passed Pierce’s contact information to Sergeant Tony Newberry on August 8—four days before the event—to coordinate the arrival of the event speakers at Emancipation Park. Newberry also used their conversations to gather more intelligence.

In addition to Kessler, Brathovd, and Pierce, several other Unite The Right speakers or attendees spoke with CPD officers ahead of the August 12 event. Mike Enoch, an Alt-Right podcast host and event speaker, and Trace Chiles, a former member of the Fraternal Order of Alt-Knights, told us they had brief conversations with officers. Each told CPD that he expected a peaceful rally and hoped the police would protect Alt-Right groups from violent counter-protesters. We also learned that officers spoke with Eli Mosley and speaker Johnny Monoxide in advance of the event.

A group calling itself the “Clergy Collective” it was noted, held training sessions, and;

Individuals who attended these trainings told us that their goal was to create “cognitive dissonance” and to delay and obstruct the hate speech that they expected. They wanted to be visible in the opposition to the right-wing groups and make it harder for them to have a platform to express racism. In service of that mission, they were willing to break the law and expected to be arrested.

Lawton Tufts, an employee of the UVA School of Law and a former public defender who serves as a member of the Police Citizen’s Advisory Panel, told investigators that “the messaging he received in advance of August 12 suggested that law enforcement’s focus was on restoring order after it broke down, not preserving order before conflict began.

In contrast the Right sought to avoid violence at all costs, and only to act defensively when all other options were exhausted.

Firearms were legal, but organizers implored gun owners to be sure they were complying with Virginia law. They advised against bringing knives, tasers, or masks. Shields, flags, and flagpoles could be brought, but attendees should avoid using anything that could be construed as a weapon and shields should only be used “defensively.” Helmets were recommended, and pepper spray was allowed—but they discouraged its deployment.

With respect to conduct, the planning document advised all attendees to avoid violence “at all costs outside of what is needed to defend our people.” The Unite The Right rally was to be “as open as friendly as possible,” so attendees were warned to “refrain from being overly edgy for the sake of edginess.” In other words, they should remember “that we are trying to gain sympathy from whites and the general right wing.” Attendees were asked to “refrain from roman salutes”—akin to the Nazi salute—and remember cameras would be everywhere on August 12.

Law enforcement from other jurisdictions was contacted in advance of the event, and they noted that the Alt Right groups were in the habit of cooperating with law enforcement.

Given the recent rise in events like Unite The Right, several officers recognized the value of conferring with departments in cities or towns where such rallies had occurred previously— including Berkeley, California; Portland, Oregon; and Pikeville, Kentucky. The investigations unit made contacts with Pikeville, Kentucky officials to discuss how law enforcement managed an Alt-Right event on May 1, 2017. Those contacts suggested that the Alt-Right groups were generally cooperative with law enforcement, but also that the opposing groups needed to be physically separated.

The Virginia Fusion Center warned that, in contrast, Communists intended to assault officers.

We spoke to multiple officers at all levels who expressed concern that normal arrest procedures would put officers in harm’s way. In the week before August 12, the Virginia Fusion Center shared credible threats that members of Antifa would bring soda cans filled with cement and might attack police. Then, on the morning of August 12, rumors circulated among CPD that Antifa might attack officers with fentanyl.

Moreover, at the First United Methodist Church;

Members of Antifa were asked to leave when they refused to agree to avoid violence.

The Charlottesville Police Department repeatedly tried to thwart the investigation, for example, Heaphy reported that;

In our interviews with CPD personnel, we learned that Chief Thomas and other CPD command staff deleted text messages that were relevant to our review. Chief Thomas also used a personal e-mail account to conduct some CPD business, then falsely denied using personal e-mail in response to a specific FOIA request.

All of this was avoidable, of course. The Department of Homeland Security had long ago warned of “anarchist extremists” intending to “attack legally protesting white supremacists”. They warned that “Two separate incidents of violent clashes in Sacramento and Anaheim, California between lawfully protesting white supremacists and anarchist extremists highlight that future similar events-such as rallies, concerts, marches, and meetings-are likey to be flashpoints for ideologically inspired violence.

For example, “On 26 June 2016 at the State Capitol building in Sacramento, violent anti-fascists, including anarchist extremist elements, attacked a group of white supremacists who gathered for a legally permitted rally“. As another example, “On 27 February 2016, violence erupted at a legally permitted white supremacist rally in Anaheim after anarchist extremist elements of a violent anti-fascist group attacked white supremacists moments after the white supremacists arrived at the publically announced rally locations“. They noted that “violent anti-fascists punched and kicked the white supremacists; hurled rocks and other projectiles; and assaulted them with makeshift weapons including wooden sticks, clubs, and a skateboard“.

None of this was at all surprising, given the long history of leftist violence. The same DHS report recalled;

In February 2012 at the State Capitol in Sacramento, suspected anarchist extremists violently clashed with a group of white supremacists at the white supremacists’ legally permitted rally intended to draw public attention to black-on-white violence in South Africa. The anarchist extremists threw cans and bottles at the white supremacists and police officers. Two officers were injured after being struck by thrown objects. The incident also resulted in an interruption to the city’s light rail system.

Prior to that;

In April 2010 at a white supremacist rally against illegal immigration on the south lawn of Los Angeles City Hall, individuals-including one suspected anarchist extremist-attacked white supremacists by throwing rocks, branches, and other projectiles over the police line. The violence erupted after a white supremacist removed his shirt revealing his Nazi ~SS” lightning bolt tattoos, offending some individuals within the crowd. Additionally, projectiles were thrown at police officers who were attempting to quell the crowd. There were no injuries reported other than to police, and no arrests occurred at the event.

Given the staggering lack of prosecutions against Leftists over the years, it is hardly surprising that their violence has escalated with time. Even when law enforcement has charged these criminals, prosecutors have consistently abdicated their duties. After communists set fires, smashed windows, and assaulted people on the day of President Trump’s inauguration, more than 200 Leftist rioters were charged with myriad crimes, stemming in part from their black boc tactics. Federal Prosecutors dropped charges against nearly all of the defendants.

When DeAndre Harris was charged for a fraction of his crimes in Charlottesville, prosecutors dropped the charges to misdemeanors, and a judge declined to find him guilty without a jury ever weighing in.

When Corey Long was charged for using a flamethrower against rallygoers in Charlottesville, he was found guilty of a misdemeanor, and sentenced to ten weekends in the country jail, between which he was free to walk the streets.

Since August of 2017, Leftist rioters have run amok. Right wing demonstrations have been chased from the streets, as police recognized the futility of intervention. Terrorism is now a regular feature of American political life, and the threat is exclusively from the Left.

The dismissal of the charges against the Rise Above Movement shines as a rare, but hopeful highlight in American jurisprudence. Yet, the Leftist media, with their staggering contempt for order, truth, and justice, simply cannot abide even a single victory for righteousness. Whereas our justice system largely revolves around the famous quote by English jurist William Blackstone, that “It’s better that 10 guilty men go free than one innocent man be wrongly convicted,” they begin and end with a precisely contrary premise. While Blackstone was willing to see guilty men set free, as a necessary evil to preserve the liberty of the innocent against wrongful convictions, the Left views the guilty as the protagonists of any story, and delights in the suffering of the innocent folks whom they victimize. To them, guilt or innocence is, as in all things, relative to the circumstances. Justice and law are team sports, just like Democracy, and the goal is to defeat one’s rivals, rather than to apply an objective and orderly standard.

They operate by these rules, knowing full well that the Right will not retaliate in kind. They have every advantage of their wicked ways, and none of the disadvantages that come with the precedents they set.

Someday, one hopes, the “Respectable Right” will come to see the folly of this course, and give these criminals a taste of their own medicine.

POST PRODUCTION NOTE: It came to my attention that I was misinformed about a story we discussed on this episode. I read from Newsweek that a teenage sexual assault survivor had been legally euthanized upon her own request in the Netherlands. After the show, it was brought to my attention that the circumstances had been misrepresented in the media. Shocking, I know. 

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