Win for First Amendment as a Fearful U.S. Slouches into 2018

Vicious police and malicious prosecutors target Americans
at Inauguration Day protests on Jan 20, 2017.

J20 Resistance, Jennifer Armento, Oliver Harris, Brittne Lawson, Michelle Macchio, Christina Simmons and Alexei Wood Win Victory Against Repressive U.S. Government

News from D.C. this week reports the acquittal of six young Americans protesting fascism and state capitalism, two defining features of our country, (The Intercept, In These Times, Washington Post, Huffington Post).

The six Americans in federal court were charged with multiple felonies and faced decades in prison not for any acts they allegedly committed. Rather, federal indictments and government-advanced trial arguments assert mere attendance at, and proximity to an Inauguration Day demonstration perforce makes the defendants responsible for all the acts of all other attendees.

Russia, Iran, Saudi Arabia, Israel? This is America.

In defiance of reason, at trial, asst U.S. Attorney Jennifer Kerkhof advanced the novel legal theory that any American attending a demonstration is criminally responsible for the actions, such as criminal vandalism by others, of all other attendees. Not only logically absurd—see the fallacy of the undistributed middle—Kerkhof's group liability-conspiracy argument is intended to chill future protests against President* Trump and others occupying public office in D.C.

Any criminal convictions would likely be overturned in federal appellate court but nevertheless the enormous costs incurred to resist a federal prosecution make this act of malice a stunning miscarriage of justice, no matter the innocent verdicts.

Nearly 200 more Americans still face trial in the courtroom of the Constitutionally odious and contemptible Judge Lynn Leibovitz, the presiding judge who let this J-20 trial proceed.

One trial juror has spoken publicly.

The juror who gave his first name of Steve said of the non-guilty verdict, (reported in the media collective Unicorn Riot):

It was not a close call. The prosecution admitted the morning of day one that they would present no evidence that any of the defendants committed any acts of violence or any vandalism.

From that point, before the defense ever uttered a sound, it was clear to me that ultimately we would find everyone not guilty. And while there was a great deal of careful discussion among the jurors, it ultimately at no point was … did it seem even possible that a guilty verdict would come down.

This was not close.

This is a malicious prosecution, but at this moment malicious prosecutions are standard operating procedure in the United States.

Be concerned.