• Five Unanswered Questions for the January 6 Hearings

    June 18, 2022 // 9 Comments »

    Imagine a BLM member’s trial in which the prosecution simply played videos of acts of violence over and over, even acts not related to the defendant in question. Sound fair, a quest for truth, a process to establish facts? No? Well, welcome to the Third Trump Impeachment, aka the January 6 televised hearings.

    Having watched a lot of PBS back in the day, I kept waiting for hearing chair Bennie Thompson to appear on my screen asking for a donation to “stop the violence” and promising me a Democratic tote bag if I phoned in my pledge of $50 or more. That was the tone from, as they say, gavel to gavel. But there are so many important things being left out in the Dems desire to showcase violence. Here are just five of the hearings’ unanswered issues.

    1) Dems and groupie Liz Cheney constantly use words like coup, insurrection, incitement, sedition, and treason. Most of them are lawyers and are well aware those words have specific legal definitions. They’re real fighting words, not to be thrown around like casual slurs against a man who once was president and has a very good chance of being president again. So let’s add one more: indict. It is easy to be the bully, ganging up unopposed on TV to say nasty words. But they only count if the Department of Justice indicts Trump for one of them and seeks to bring him to trial. That’s why we have a judicial system, to prevent organs of government from simply making accusations against citizens without due process. Indict him or drop it. If there are not grounds to indict, drop it. Democrats, put up or shut up.

    Like the members of the Warren Commission before them, the people claiming the accepted narrative about January 6 is beyond reproach are the same ones blocking any court challenge that might challenge it. Potential game-changers are wish-washed away as conspiracy theories, not to be spoken of. You will not hear the word indictment raised this week in the hearings.

    2) Are we finally going to hear who Ray Epps is and what the role of the FBI was on January 6? It would take a simple series of questions from the committee: Mr. Attorney General, how many undercover people did you have on the ground on January 6? How many of them traveled to D.C. with groups they had elsewhere previously infiltrated? What was their purpose on January 6? What were their rules of engagement—in other words, what were they allowed to say or do? Could they scream, “Yeah, let’s go!” and lead people forward? Could they give statements to the media misrepresenting the aims and mood of the crowd without revealing their identity? Did any of the agents stray from being after-the-fact accessories and instead become provocateurs?

    You would think, at least, that the raw number of undercover officers on the ground on January 6 would be an easy question to answer. Yet when Representative Thomas Massie asked Attorney General Merrick Garland at an earlier hearing in October 2021 if any federal agents or assets entered the Capitol or incited others to riot, Garland refused to answer. Massie played a video of a man on January 5 saying “we have to go into the Capitol,” and asked Garland if that man was a fed. No comment, said Garland. That man was Ray Epps, president of the Arizona Oath Keepers, who is also seen on video organizing the first group to breach the Capitol. That is just one minute after a pipe bomb had been found, as if the acts were themselves a conspiracy. This all appears to have happened even before Trump finished his “incitement” speech.

    Epps refuses to answer journalists’ questions about whether or not he is a federal agent and is still a free man. Why? Under oath and before the January 6 committee, someone should ask FBI Director Wray, Attorney General Garland, and Ray Epps to give a yes or no answer to this question: Did Ray Epps work for or with the federal government? Why won’t they ask that question? You will not hear Epps’ name on the televised hearings this week.

    3) While the Justice Department has called the inquiry into January 6 one of the largest in its history, why has no information come to light on the pipe bomber? Two bombs were planted near the Capitol. Official Washington is one of the most heavily surveilled spots on earth. Why haven’t the Capitol Police allowed the release of more than a few minutes of the 14,000 hours of the pre-riot security-camera footage? Social media only shows the riot in process. The surveillance video would show what happened before. Who planted the pipe bombs?

    4) Why, and on whose order, did Capitol police allow 300 people to simply walk into the building without resistance on the afternoon of January 6? And who was the man in a bicycle helmet whom video shows initiating the window-smashing that ended in the shooting of Ashli Babbitt? Why was he welcomed behind police lines once things got out of hand?

    5) We’ve heard over and over people died on January 6, and indeed they did. At what point will Ashli Babbit’s killer, who was never punished and never faced a trial (simply an inquiry; because Congress exempts the Capitol Police from the Freedom of Information Act, the family is forced to sue “for notes and summaries of what the officer said regarding the shooting and the reasons he discharged his weapon.”) testify? When will the Committee start showing the video of her being shot by Capitol Police? Babbitt, wearing a Trump flag like a cape, was one of the rioters who smashed the glass on the door leading to the Speaker’s Lobby of the Capitol. A plain clothes Capitol Police officer, without warning, fired a shot and Babbitt fell into the crowd and died. It was the only shot fired in the riot. A SWAT team just behind Babbitt saw the situation differently and never fired on her or those with her. Babbitt was unarmed and was not resisting arrest because the cop never got that far. He just shot her.

    Though these issues will be missing from the hearings, what is missing most of all from the Great January 6 Democratic Telethon is a statement the system worked. The Constitution held. Officials from Vice President Pence on down did their jobs and stood up for the democratic system. Trump was never going to retain office. The whole thing is flim-flam, the truth another victim to Democratic desperateness to frame Trump for something, anything, ahead of 2024.

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    Copyright © 2020. All rights reserved. The views expressed here are solely those of the author(s) in their private capacity.

    Posted in Democracy, Trump

    A Tale of Two Murders: George Floyd and Ashli Babbit

    July 24, 2021 // 16 Comments »


    Here’s a tale of two cops and two murders, Derek Chauvin and George Floyd, and John Doe* and Ashli Babbitt. Two cops, two unarmed citizens killed. One you care about, one you don’t. Even murder is politicized these days.

    It is hard to imagine anyone needs much of a recap on Chauvin-Floyd. George Floyd, a black man, tried to pass off a counterfeit $20 bill while messed up on drugs. Minneapolis police officer Derek Chauvin and other cops responded, and in the process of restraining Floyd, killed him. Everyone has seen the video of Chauvin kneeling on Floyd’s neck, and as if it was a civic duty, judged for themselves whether it was appropriate, necessary, and the cause of Floyd’s death.

    A jury judged those things, too, and the result was a 22.5 year sentence for Chauvin (in handing down the sentence the judge said it was justified in part because Chauvin “committed his crime in the presence of children,” who of course had gathered to help jeer at the cops.) The woman who shot the snuff video won a Pulitzer prize.

    Floyd’s death set off an angry summer of violence under the rubric Black Lives Matter, as progressives shut down opposing voices and several downtowns to insist Chauvin’s actions were part of something called systemic racism reaching back as far as 1619 in unbroken lineage. Celebrities, politicians, and academics jostled each other for camera time to demand the police be defunded. You might have seen something about all this on the teevee?

    There’s video of Ashli Babbitt being killed by law enforcement but it has been played by the MSM maybe 1/10,000 as often as the Floyd murder porn. Babbitt, wearing a Trump flag like a cape, was one of the rioters who smashing the glass on the door leading to the Speaker’s Lobby of the Capitol. A plain clothes Capitol Police officer without warning fired a shot and Babbitt fell into the crowd and died. It was the only shot fired in the riot. A SWAT team just behind Babbitt saw the situation differently and never fired on her or those with her.

    Like Floyd, Babbitt was unarmed. Like Floyd resisting, Babbitt was committing a crime when she was killed by a cop. Unlike Floyd, there is no question of whether she was resisting arrest because the cop never got that far. He just shot her.

     

    In Floyd’s case, we know everything about Derek Chauvin, and saw him convicted in open court. Not so with Babbitt’s killer. Almost all police departments nationwide are required to release an officer’s name after a fatal shooting. Not the U.S. Capitol Police, which answers only to Congress. Even as Congress demands nationwide police reforms (ironically, the new, lower standards of proof proposed by H.R.1280 — George Floyd Justice in Policing Act of 2021 — would condemn the Capitol cop) they have steadfastly refused to release the name of Babbitt’s killer. In February, the Capitol Police stated they would “share additional information once an investigation is complete.” Investigators closed the case in April, cleared the unnamed officer of wrongdoing in Babbitt’s death without addressing the fact that the medical examiner ruled the death a homicide, and left it at that. Stuff happens, ya know?

    No trial, no public accounting, not even a name for the Babbitt family to use in filing a wrongful death suit. Because Congress exempts the Capitol Police from Freedom of Information Act requests, the family is forced to sue “for documents that identify the officer who shot Babbitt… as well as notes and summaries of what the officer said regarding the shooting and the reasons he discharged his weapon.”

    They’d like more information on Babbitt’s death than the “investigation” provided. The Department of Justice simply wrote there was “insufficient evidence to support a criminal prosecution.” DOJ did not hide its legal fudge, which had its investigators look narrowly on a Constitutional question, not the homicide.

    Without shame DOJ said it focused on 18 U.S.C. § 242, a federal criminal civil rights statute. This requires prosecutors prove the officer acted willfully to deprive Babbitt of a right protected by the Constitution, here the Fourth Amendment protection against unreasonable seizure.  Prosecutors would have to prove not only that the officer used force that was constitutionally unreasonable, but that the officer did so “willfully” to deprive Babbitt of her 4A rights. That meant evidence an officer acted out of fear, mistake, panic, misperception, negligence, or even poor judgment cannot establish the high level of intent required. In lay terms, that’s called a set-up enroute to a cover-up.

    Contrast that with the Chauvin prosecution, where prosecutors charged manslaughter, second-degree murder, and third-degree murder in the one death of George Floyd, leaving the civil rights question which saved the Capitol cop as a separate matter. That allowed prosecutors to instruct the jury (there of course was no jury in Babbitt’s case) to decide on emotion, saying “Use your common sense. Believe your eyes. What you saw, you saw.” Imagine a jury in Babbitt’s case, exposed to a looping video of her killing, acting on the same instructions. But that never happened.

    No one had much to say during the Babbitt investigation. In Floyd’s case, Joe Biden said he was praying the jury would reach the “right verdict,” calling the evidence “overwhelming in my view.” Maxine Waters demanded protesters become “more confrontational” if Chauvin was acquitted. That was so blatantly inflammatory it was almost grounds for a mistrial.

    The president cheers on one prosecution, remaining silent while another murder is made to go away. Cities erect monuments to George Floyd while the NYT runs gossipy articles on Babbitt’s marriage problems. Asking for justice in Floyd’s case is a duty, even if it means burning down stores. Those who want the same justice for Babbitt are mocked as QAnon cultists. Did she not also bleed?

    Oh, there’s more. Floyd was only on drugs passing fake money because of racism whereas Babbitt was a seditionist, a vandal, who asked for it as certain as if she wore a mini skirt down a dark alley to taunt her rapist. Floyd’s death created a movement for change. Candidate Trump’s embrace of Ashli Babbitt as a martyr anointed “January 6 a heroic uprising” for white supremacists seeking to overthrow democracy. Absolutely no one would write of Floyd, as one MSM outlet did of Babbitt, “her death, while tragic, occurred for a very good reason. The Air Force veteran, who had been fully converted into the most dangerous and fantastical pro-Trump conspiracy theories, had joined the aggressive vanguard of the January 6 insurrection.” Bitch deserved it. The article went on to compare Babbitt’s martyrdom to “Horst Wessel, a German storm trooper killed by communists in 1930, who inspired the eponymous Nazi anthem.

    Others claim Trump is liable for the death, that the answer to Who Killed Ashli Babbitt? is Trump. WaPo wrote “The death of Ashli Babbitt offers the purest distillation of Donald Trump’s view of justice,” which apparently means to them Trump supported George Floyd’s killing while mourning Babbitt’s. Daily Beast frets “If the base believes they are being prosecuted and even ‘assassinated’ [like Babbitt] they will justify anything to reject Democratic rule and future elections that deprive them of power.” Sears and Kmart apologized and pulled from sale T-shirts reading “Ashli Babbitt American Patriot” after an outcry on social media. Headlines read “Marjorie Taylor Greene provokes outrage by comparing Ashli Babbitt’s death to George Floyd’s” because Babbitt was OK-shot “while actively participating in a violent riot” and Floyd was murdered by racists.

    It is difficult in the face of so much hypocrisy to find the air to comment on the state of our country. Some murders are more equal than others. Dead bodies only matter when they can be used for your sides’ political purposes. How many white conservative deaths does it take to equal one black death? Why are some cops murderers and others protected with anonymity and a free-pass investigation?

    The absolute craven transparency of the progressive argument is what gives me hope. Hope that at some point enough Americans will set aside their blind Trump rage, look past the 24/7 propaganda directed at them, and come to realize even murder now only matters for the clicks it generates. Our media is happy to justify Babbitt’s death, seeing it almost in biblical terms for supporting Trump. Floyd, always just a victim of an unjust society.

    Ashli Babbitt was put down for our political sins, and her killer escaped justice with the government’s help. Now ain’t that the Democratic vision of America?

    ———

    *The Capitol Police and the Congress which controls them refuse to name the officer who shot Ashli Babbitt to death on January 6. RealClearInvestigations, however, has identified the shooter as Lieutenant Michael Byrd, a black man. Since then, CNN and others have “voluntarily” removed Byrd’s name from hearing transcripts, and his social media has been scrubbed.

     

     

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    Copyright © 2020. All rights reserved. The views expressed here are solely those of the author(s) in their private capacity.

    Posted in Democracy, Trump