I Have Questions

 

Twitter is revelatory. The general population has probably always had a stupid streak, but Twitter makes it possible for ignorance to light itself on fire and burn so brightly it overwhelms the sun.

Reading the rants about the Kyle Rittenhouse trial is something else. First, there seems to be a large segment of the population who thinks the prosecution is doing a good job. Now, granted, I just catch the “lowlights,” but from what I have seen, Assistant District Attorney Thomas Binger has been surprised way too many times by his own witnesses.

Second, the “conventional wisdom” about the law is astoundingly bad. I mean, most people commenting on the trial would be confused watching a Matlock rerun. I could be a very rich man if I could collect a dollar from everyone who assured their fellow progressives that, no matter what, the prosecution will eventually win on appeal. That’s how bad civics education is. How the hell do that many people believe an acquittal can be appealed all the way up to the Supreme Court?

And the comments about the presiding judge, Bruce Schroeder, are something else, too. Local attorneys describe him as fair but willing to be combative. My theory, which would be easy to prove or disprove with the proper resources, is that this is not the first time this judge has witnessed this prosecutor’s ineptitude. But no journalist seems even remotely interested in any backstory between them. The media loves the clips of Schroeder’s admonitions, but doesn’t go out of their way to make clear that he makes sure the jury is out of the room when he does it.

Rittenhouse will probably be convicted on the gun charge. There is no doubt that he was underage and outside the home with a firearm. The man who supplied the weapon is probably in more trouble than the person who fired it. There is a persistent belief that Rittenhouse, who lives in Antioch, IL, carried the rifle across state lines into Wisconsin. He did not. And even if he did, there is no Federal law against that. (States have their own transport regulations but anything interstate would be the jurisdiction of the Feds.)

But one never knows how a jury will rule. Especially one that feels intimidated. The political pressure has been huge, which is why in so many of these cases overcharging has become the norm. The DA feels the heat, the jury feels the heat, and so does the judge. My only hope is that the jury is more informed than the folks on Twitter.

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  1. J Climacus Member
    J Climacus
    @JClimacus

    kedavis (View Comment):

    J Climacus (View Comment):

    I was going to write my own post on Rittenhouse, but since this one is here I’ll just comment here.

    Working at home, I’ve had the live trial video going on in the background so I’ve heard most of the testimony and lawyer back and forth. The ADA Binger is smarmy and oozes condescension, besides not being very good. It’s clear to me, at least, that Rittenhouse acted in self-defense and should be acquitted of everything except perhaps the carrying charge.

    That said, I go back to the reaction my father and I had when we first heard of this story last year: What the hell is a 17 year old kid doing running around in a riot carrying an AR-15? I wasn’t shocked at all when I learned that Rittenhouse came from what used to be called a “broken home.” He doesn’t have a father around (most of the time), and the result is idiotic teen behavior that isn’t reigned in. The ultimate blame for what happened here I put on the parents.

    Kyle Rittenhouse isn’t a hero. He defied a curfew order, and (perhaps) illegally carried a firearm into a riot. (He might get off on this on a technicality in the law, according to Legal Insurrection.) ADA Binger is reprehensible, but he made some good points on cross-examination. He got Rittenhouse to admit he didn’t really know much about the weapon he had or the ammo he was using. He got the AR-15 because it “looked cool.” He also pointed out that Rittenhouse had no “less than lethal” defensive weapons on him, like pepper spray. So he’s a kid going out into a chaotic night with a lot of bad, crazy characters running around – criminals – and if he gets into trouble, his only option is to start shooting, with a weapon he barely understands, carrying ammo that can kill people hundreds of meters away.

    Did you see any of his attackers that would have been effectively dealt with by commonly-available pepper spray? I didn’t.

    You may be right. Teenage boys are generally no match for grown men in a fight. That’s a reason for a 17 year old to obey the curfew, not arm himself with an AR-15 and wade out into the night. 

     

    • #61
  2. J Climacus Member
    J Climacus
    @JClimacus

    Tedley (View Comment):

    . Rule #1 when you’re in the field is never get separated from members of your unit. From everything I’ve heard, Rittenhouse was in Kenosha to help protect a business, but while there he left the business. 

    As the smarmy ADA Binger truthfully pointed out, it’s illegal in Wisconsin to defend property with lethal force. So what did Rittenhouse expect to do with that AR-15?

     

    • #62
  3. The Reticulator Member
    The Reticulator
    @TheReticulator

    J Climacus (View Comment):
    But Rittenhouse was an accident waiting to happen that night, not a hero.

    He’s a hero to some people and not to others. There is no universal, objective category called “hero.”   And an accident waiting to happen can be a hero, too.  Those are not mutually exclusive categories. 

    • #63
  4. BDB Inactive
    BDB
    @BDB

    Tedley (View Comment):

    BDB (View Comment):
    I admire Saint Kyle of the Gun, and have not a single criticism of his attitude, decision-making, fitness, proficiency, situational awareness, reflexes, instincts, or body count.

    @ bdb, I also admire his desire to help and am amazed at how he performed while under attack, but I’m going to identify one failure of judgment. When in a potentially troubling situation, one never gets separated from one’s team. For background, while in the Navy, I did a tour in a USMC Artillery Battalion, and went as part of the unit for training events in other countries. Rule #1 when you’re in the field is never get separated from members of your unit. From everything I’ve heard, Rittenhouse was in Kenosha to help protect a business, but while there he left the business. (I also remember reading reports last year that he was also providing first aid that night, although I haven’t seen that repeated lately.) If he were to leave the vicinity of the business, he should have gone in tandem with other people and stayed together as a group. However, the best posture would have been to take up defensive positions to protect the business and maintain them until the trouble was over.

    Have you watched the footage?

    • #64
  5. J Climacus Member
    J Climacus
    @JClimacus

    The Reticulator (View Comment):

    J Climacus (View Comment):
    But Rittenhouse was an accident waiting to happen that night, not a hero.

    He’s a hero to some people and not to others. There is no universal, objective category called “hero.” And an accident waiting to happen can be a hero, too. Those are not mutually exclusive categories.

    Well, sure, if we choose to fall back into relativism then the discussion is pointless. But I thought what distinguishes us on the right from leftists is that we reject relativism.

    • #65
  6. D.A. Venters Inactive
    D.A. Venters
    @DAVenters

    J Climacus (View Comment):

    Working at home, I’ve had the live trial video going on in the background so I’ve heard most of the testimony and lawyer back and forth. The ADA Binger is smarmy and oozes condescension, besides not being very good. It’s clear to me, at least, that Rittenhouse acted in self-defense and should be acquitted of everything except perhaps the carrying charge.

    That said, I go back to the reaction my father and I had when we first heard of this story last year: What the hell is a 17 year old kid doing running around in a riot carrying an AR-15? I wasn’t shocked at all when I learned that Rittenhouse came from what used to be called a “broken home.” He doesn’t have a father around (most of the time), and the result is idiotic teen behavior that isn’t reigned in. The ultimate blame for what happened here I put on the parents.

    Kyle Rittenhouse isn’t a hero. He defied a curfew order, and (perhaps) illegally carried a firearm into a riot. (He might get off on this on a technicality in the law, according to Legal Insurrection.) ADA Binger is reprehensible, but he made some good points on cross-examination. He got Rittenhouse to admit he didn’t really know much about the weapon he had or the ammo he was using. He got the AR-15 because it “looked cool.” He also pointed out that Rittenhouse had no “less than lethal” defensive weapons on him, like pepper spray. So he’s a kid going out into a chaotic night with a lot of bad, crazy characters running around – criminals – and if he gets into trouble, his only option is to start shooting, with a weapon he barely understands, carrying ammo that can kill people hundreds of meters away.

    I know how teenage boys think having been one once, and I understand the temptation Rittenhouse felt to be “part of the action” that night. He wanted to be one of the good guys running around with his med kit and helping put out fires. Thinking like a teen, he carried the AR-15 because it was cool. Think of the stories he’d be able to tell. Maybe he also thought it would intimidate anyone he ran into. Guess what? Lurking in riots are nuts who aren’t fazed by nerdy looking teenage boys with guns. In fact, those nuts see a teenage boy with an AR-15 as a target, and his gun as a rare prize. That’s why 17 year olds shouldn’t be out there. Do I mourn these guys for getting shot when going after Kyle? No, those are the chances you take getting involved in a riot.

    But Rittenhouse was an accident waiting to happen that night, not a hero.

    I think this is exactly right.

    • #66
  7. EDISONPARKS Member
    EDISONPARKS
    @user_54742

    BDB (View Comment):

    Tedley (View Comment):

    BDB (View Comment):
    I admire Saint Kyle of the Gun, and have not a single criticism of his attitude, decision-making, fitness, proficiency, situational awareness, reflexes, instincts, or body count.

    @ bdb, I also admire his desire to help and am amazed at how he performed while under attack, but I’m going to identify one failure of judgment. When in a potentially troubling situation, one never gets separated from one’s team. For background, while in the Navy, I did a tour in a USMC Artillery Battalion, and went as part of the unit for training events in other countries. Rule #1 when you’re in the field is never get separated from members of your unit. From everything I’ve heard, Rittenhouse was in Kenosha to help protect a business, but while there he left the business. (I also remember reading reports last year that he was also providing first aid that night, although I haven’t seen that repeated lately.) If he were to leave the vicinity of the business, he should have gone in tandem with other people and stayed together as a group. However, the best posture would have been to take up defensive positions to protect the business and maintain them until the trouble was over.

    Have you watched the footage?

    The insurmountable problem for the prosecution has been the multiple videos of the incidents at issue.

    In this era of everyone has a camera ….

    All of the videos can reasonably be interpreted as a case of self defense … serious problem to overcome for the prosecution.

    • #67
  8. Judge Mental Member
    Judge Mental
    @JudgeMental

    “Think of it as evolution in action.”

    • #68
  9. kedavis Coolidge
    kedavis
    @kedavis

    The most puzzling aspect is how a white guy who shoots 3 white guys, is considered “racist” by the mainstream media.

    • #69
  10. EDISONPARKS Member
    EDISONPARKS
    @user_54742

    kedavis (View Comment):

    The most puzzling aspect is how a white guy who shoots 3 white guys, is considered “racist” by the mainstream media.

    Because … Shut up!!!

    • #70
  11. OldPhil Coolidge
    OldPhil
    @OldPhil

    kedavis (View Comment):

    The most puzzling aspect is how a white guy who shoots 3 white guys, is considered “racist” by the mainstream media.

    Probably because the 3 guys (who all had criminal records) were peacefully protesting with their BLM counterparts.
    See the source image

    • #71
  12. The Reticulator Member
    The Reticulator
    @TheReticulator

    J Climacus (View Comment):

    The Reticulator (View Comment):

    J Climacus (View Comment):
    But Rittenhouse was an accident waiting to happen that night, not a hero.

    He’s a hero to some people and not to others. There is no universal, objective category called “hero.” And an accident waiting to happen can be a hero, too. Those are not mutually exclusive categories.

    Well, sure, if we choose to fall back into relativism then the discussion is pointless. But I thought what distinguishes us on the right from leftists is that we reject relativism.

    Really?  I’m a moral relativist, and from your comments it sounded like you are, too.  

    • #72
  13. BDB Inactive
    BDB
    @BDB

    J Climacus (View Comment):
    He also pointed out that Rittenhouse had no “less than lethal” defensive weapons on him, like pepper spray.

    I don’t carry that crap either.  Mess aboot — find oot, as the Canadian ‘pedes say.

    • #73
  14. The Reticulator Member
    The Reticulator
    @TheReticulator

    J Climacus (View Comment):

    Tedley (View Comment):

    . Rule #1 when you’re in the field is never get separated from members of your unit. From everything I’ve heard, Rittenhouse was in Kenosha to help protect a business, but while there he left the business.

    As the smarmy ADA Binger truthfully pointed out, it’s illegal in Wisconsin to defend property with lethal force. So what did Rittenhouse expect to do with that AR-15?

    Good question. Defend himself, maybe?  

     

    • #74
  15. J Climacus Member
    J Climacus
    @JClimacus

    The Reticulator (View Comment):

    J Climacus (View Comment):

    The Reticulator (View Comment):

    J Climacus (View Comment):
    But Rittenhouse was an accident waiting to happen that night, not a hero.

    He’s a hero to some people and not to others. There is no universal, objective category called “hero.” And an accident waiting to happen can be a hero, too. Those are not mutually exclusive categories.

    Well, sure, if we choose to fall back into relativism then the discussion is pointless. But I thought what distinguishes us on the right from leftists is that we reject relativism.

    Really? I’m a moral relativist, and from your comments it sounded like you are, too.

    No, I think objective moral truth (to a certain degree) is obtainable through reason.

    • #75
  16. The Reticulator Member
    The Reticulator
    @TheReticulator

    BDB (View Comment):

    Tedley (View Comment):

    BDB (View Comment):
    I admire Saint Kyle of the Gun, and have not a single criticism of his attitude, decision-making, fitness, proficiency, situational awareness, reflexes, instincts, or body count.

    @ bdb, I also admire his desire to help and am amazed at how he performed while under attack, but I’m going to identify one failure of judgment. When in a potentially troubling situation, one never gets separated from one’s team. For background, while in the Navy, I did a tour in a USMC Artillery Battalion, and went as part of the unit for training events in other countries. Rule #1 when you’re in the field is never get separated from members of your unit. From everything I’ve heard, Rittenhouse was in Kenosha to help protect a business, but while there he left the business. (I also remember reading reports last year that he was also providing first aid that night, although I haven’t seen that repeated lately.) If he were to leave the vicinity of the business, he should have gone in tandem with other people and stayed together as a group. However, the best posture would have been to take up defensive positions to protect the business and maintain them until the trouble was over.

    Have you watched the footage?

    Why do you ask?  

    • #76
  17. BDB Inactive
    BDB
    @BDB

    J Climacus (View Comment):

    Tedley (View Comment):

    . Rule #1 when you’re in the field is never get separated from members of your unit. From everything I’ve heard, Rittenhouse was in Kenosha to help protect a business, but while there he left the business.

    As the smarmy ADA Binger truthfully pointed out, it’s illegal in Wisconsin to defend property with lethal force. So what did Rittenhouse expect to do with that AR-15?

    To defend himself if the people menacing property should decide to threaten him instead.  Well done, Kyle!

    • #77
  18. The Reticulator Member
    The Reticulator
    @TheReticulator

    Does the question of whether Rittenhouse is a “hero” or not have any relevance to his guilt or innocence?  

    • #78
  19. BDB Inactive
    BDB
    @BDB

    J Climacus (View Comment):

    The Reticulator (View Comment):

    J Climacus (View Comment):
    But Rittenhouse was an accident waiting to happen that night, not a hero.

    He’s a hero to some people and not to others. There is no universal, objective category called “hero.” And an accident waiting to happen can be a hero, too. Those are not mutually exclusive categories.

    Well, sure, if we choose to fall back into relativism then the discussion is pointless. But I thought what distinguishes us on the right from leftists is that we reject relativism.

    Relativism is relative, I’m afriad.  Here’s an absolute: Rittenhouse did not start trouble.  If it is absolutism you seek, then pick a side and be known for your shoice.  No room for nuance there.

    • #79
  20. BDB Inactive
    BDB
    @BDB

    EDISONPARKS (View Comment):
    All of the videos can reasonably be interpreted as a case of self defense

    And well executed self-defense!

    • #80
  21. BDB Inactive
    BDB
    @BDB

    J Climacus (View Comment):
    No, I think objective moral truth (to a certain degree) is obtainable through reason.

    Either it is, or it is not.  Let’s not have weasel-worded, caveat-ed relativism creep in here. 

    • #81
  22. J Climacus Member
    J Climacus
    @JClimacus

    The Reticulator (View Comment):

    J Climacus (View Comment):

    Tedley (View Comment):

    . Rule #1 when you’re in the field is never get separated from members of your unit. From everything I’ve heard, Rittenhouse was in Kenosha to help protect a business, but while there he left the business.

    As the smarmy ADA Binger truthfully pointed out, it’s illegal in Wisconsin to defend property with lethal force. So what did Rittenhouse expect to do with that AR-15?

    Good question. Defend himself, maybe?

    You mean, defend himself in protecting the business? It’s illegal to use lethal force to do that. 

     

    • #82
  23. The Reticulator Member
    The Reticulator
    @TheReticulator

    J Climacus (View Comment):

    The Reticulator (View Comment):

    J Climacus (View Comment):

    The Reticulator (View Comment):

    J Climacus (View Comment):
    But Rittenhouse was an accident waiting to happen that night, not a hero.

    He’s a hero to some people and not to others. There is no universal, objective category called “hero.” And an accident waiting to happen can be a hero, too. Those are not mutually exclusive categories.

    Well, sure, if we choose to fall back into relativism then the discussion is pointless. But I thought what distinguishes us on the right from leftists is that we reject relativism.

    Really? I’m a moral relativist, and from your comments it sounded like you are, too.

    No, I think objective moral truth (to a certain degree) is obtainable through reason.

    Including the question of whether someone is a hero? 

    • #83
  24. Flicker Coolidge
    Flicker
    @Flicker

    You know, what Kyle Rittenhouse did was (with the exception of open carrying a rifle) was legal.  He started his afternoon scrubbing graffiti off an historic building.  If we start using being unarmed, and using cowardice as a legal standard for “good judgment” then we really have lost.

    • #84
  25. J Climacus Member
    J Climacus
    @JClimacus

    BDB (View Comment):

    J Climacus (View Comment):
    No, I think objective moral truth (to a certain degree) is obtainable through reason.

    Either it is, or it is not. Let’s not have weasel-worded, caveat-ed relativism creep in here.

    Sorry, not so. Some moral truth is known through human reason, like the fact that murder is wrong. Other moral truths transcend human reason, and can only be known through Revelation – for instance, that the highest form of the moral life is the Imitation of Christ. This distinction has been the moral foundation of Western Civilization for millennia.

    • #85
  26. kedavis Coolidge
    kedavis
    @kedavis

    J Climacus (View Comment):

    BDB (View Comment):

    J Climacus (View Comment):
    No, I think objective moral truth (to a certain degree) is obtainable through reason.

    Either it is, or it is not. Let’s not have weasel-worded, caveat-ed relativism creep in here.

    Sorry, not so. Some moral truth is known through human reason, like the fact that murder is wrong. Other moral truths transcend human reason, and can only be known through Revelation – for instance, that the highest form of the moral life is the Imitation of Christ. This distinction has been the moral foundation of Western Civilization for millennia.

    Keeping in mind that not all killing is murder.

    • #86
  27. J Climacus Member
    J Climacus
    @JClimacus

    The Reticulator (View Comment):

    J Climacus (View Comment):

    The Reticulator (View Comment):

    J Climacus (View Comment):

    The Reticulator (View Comment):

    J Climacus (View Comment):
    But Rittenhouse was an accident waiting to happen that night, not a hero.

    He’s a hero to some people and not to others. There is no universal, objective category called “hero.” And an accident waiting to happen can be a hero, too. Those are not mutually exclusive categories.

    Well, sure, if we choose to fall back into relativism then the discussion is pointless. But I thought what distinguishes us on the right from leftists is that we reject relativism.

    Really? I’m a moral relativist, and from your comments it sounded like you are, too.

    No, I think objective moral truth (to a certain degree) is obtainable through reason.

    Including the question of whether someone is a hero?

    Yes. Aristotle provides a lot of insight into the nature of virtue, and if we consider a “hero” to be someone distinguished particularly by the virtue of courage, I think it is possible to find reasonable grounds to distinguish a hero from the non-hero.

    • #87
  28. BDB Inactive
    BDB
    @BDB

    J Climacus (View Comment):

    The Reticulator (View Comment):

    J Climacus (View Comment):

    Tedley (View Comment):

    . Rule #1 when you’re in the field is never get separated from members of your unit. From everything I’ve heard, Rittenhouse was in Kenosha to help protect a business, but while there he left the business.

    As the smarmy ADA Binger truthfully pointed out, it’s illegal in Wisconsin to defend property with lethal force. So what did Rittenhouse expect to do with that AR-15?

    Good question. Defend himself, maybe?

    You mean, defend himself in protecting the business? It’s illegal to use lethal force to do that.

    No, as in defend himself.  Is that illegal in WI?  I don’t know the specific law there.  But I am fairly confident that a rioter initiating deadly force is on less solid legal ground than a person threated by that deadly force.  If that is not so, then we are late with the hot lead.

    • #88
  29. The Reticulator Member
    The Reticulator
    @TheReticulator

    J Climacus (View Comment):

    The Reticulator (View Comment):

    J Climacus (View Comment):

    The Reticulator (View Comment):

    J Climacus (View Comment):

    The Reticulator (View Comment):

    J Climacus (View Comment):
    But Rittenhouse was an accident waiting to happen that night, not a hero.

    He’s a hero to some people and not to others. There is no universal, objective category called “hero.” And an accident waiting to happen can be a hero, too. Those are not mutually exclusive categories.

    Well, sure, if we choose to fall back into relativism then the discussion is pointless. But I thought what distinguishes us on the right from leftists is that we reject relativism.

    Really? I’m a moral relativist, and from your comments it sounded like you are, too.

    No, I think objective moral truth (to a certain degree) is obtainable through reason.

    Including the question of whether someone is a hero?

    Yes. Aristotle provides a lot of insight into the nature of virtue, and if we consider a “hero” to be someone distinguished particularly by the virtue of courage, I think it is possible to find reasonable grounds to distinguish a hero from the non-hero.

    If “courage” is the issue, you didn’t address the question of whether Rittenhouse is a hero before declaring him to be not a hero. 

    I’ve often said that Rush Limbaugh is my hero. Courage had a lot to do with it. Past the 1990s I didn’t like listening to him, and I’m too cowardly to explain why because a lot of his fans here will dislike my saying it.  But for all his faults, he was still my hero.  I never said Rish Limbaugh was “a” hero, though. 

    • #89
  30. BDB Inactive
    BDB
    @BDB

    J Climacus (View Comment):

    BDB (View Comment):

    J Climacus (View Comment):
    No, I think objective moral truth (to a certain degree) is obtainable through reason.

    Either it is, or it is not. Let’s not have weasel-worded, caveat-ed relativism creep in here.

    Sorry, not so. Some moral truth is known through human reason, like the fact that murder is wrong. Other moral truths transcend human reason, and can only be known through Revelation – for instance, that the highest form of the moral life is the Imitation of Christ. This distinction has been the moral foundation of Western Civilization for millennia.

    I do not prefer that people defending themselves be crucified as preferable to employing deadly force in that defense.

    • #90
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