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  2. No Insurrection, No Convictions
December 31, 2023 at 7:50 PM

No Insurrection, No Convictions

Bill Berg
@BillBerg

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One of the many things that concern me today is that millions of Americans have abandoned the ancient rule of "Innocent Until Proven Guilty" (the presumption of innocence). The burden of proof is on the accuser. This a near universal assumption of natural and common law. It is part of the UN declaration of "basic human rights". It is part of what it means to be "civilized".

Trump has been convicted of precisely nothing, so in a civilized nation, he would be presumed innocent.

More interesting is the fact that the January 6 demonstrators are not charged with "insurrection", but rather "obstruction".

The specific issue in the case involves a catch-all provision of a federal criminal statute that makes it a crime for anyone who “otherwise obstructs, influences, or impedes any official proceeding,” and what the government must prove with regard to the intent of January 6 rioters.

So where did this "catch all provision" come from?

The 2002 statute — corruptly obstructing an official proceeding — was drafted by Congress to address the conduct of Enron’s outside auditor, Arthur Andersen, which destroyed documents as the government investigated. Prosecutors have wielded the felony against Trump supporters they allege committed some of the most serious criminal acts during the Jan. 6, 2021, attack on the US Capitol.

It would take minutes for an honest media to run down these facts rather than screaming "INSURECTION!". "THREAT TO DEMOCRACY". etc.

Were such facts presented without the obvious (mostly successful) efforts to turn the "reporting" into propaganda, we would be living in a much calmer time, where we might even have "citizens" as opposed to "consumers" of propaganda.

This post was promoted to the Main Feed at the recommendation of Ricochet's members.

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    navyjag@navyjag·2y

    Which makes even more weird the leftist idiots on the Colo. Supreme Court and the Maine Sec. of State referring to "insurrection" since it has never been charged against anyone for the Jan. 6 fiasco. Guess those sharp folks think the D sounds like Jefferson Davis so let's give it a try.

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    Rodin@Rodin·2y

    It beggars belief that so many do not understand the peril that successful lawfare creates for ordinary citizens. It takes a gut check, but people really need to insist on respect for due process even for people they despise.

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    E. Kent Golding@EKentGolding·2y

    I am not a Trump supporter. But I have never heard of an insurrection without lots and lots of weapons. Riots maybe. Not an insurrection.

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    DonG (CAGW is a Scam)@DonG·2y
    Bill Berg (View Post):
    This a near universal assumption of natural and common law.

    Unfortunately, we are seeing Commie law instead of common law.

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    MWD B612 "Dawg"@danok1·2y
    ReplyingtoE. Kent Golding

    E. Kent Golding (View Comment):

    I am not a Trump supporter. But I have never heard of an insurrection without lots and lots of weapons. Riots maybe. Not an insurrection.

    I keep telling SWMBO that if what happened on 1/6/21 were an "insurrection," there'd have been a hell of a lot of bodies stacked.

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