The problem (according to the legal experts) with third degree murder charges was that it is a catch all for dangerous activities where the person knows that is actions could harm "people" in general. This would be something like driving under the influence, where it can be proven that you knew that you posed a mortal threat to "people". The argument is that Chauvin's actions were only consistent to one particular person and therefore the third degree logic did not apply.
In essence, there was a fear that there was a legal semantic loophole with third degree murder that didn't apply to this situation. Nobody would want to get a not-guilty verdict because of a prosecutorial mistake on charges.
Dropping the charge from third degree murder to the more logical manslaughter charges would have likely caused more social unrest (rioting) because there would no longer be any sort of "murder" charge involved. While this is legally irrelevant, it would have been a political nightmare to drop murder and only leave manslaughter. Especially with the family (incorrectly) lobbying for first degree charges.
So where are we at now?
In reality, it would appear that Ellison is going ahead with a second degree murder charge that will require him to show that it was the intention of all four officers to see George Floyd dead at this particular scene. As callous, unprofessional, and cruel the actions of Officer Chauvin were in this situation, there isn't much reason to believe that he was intending to kill Floyd, and most certainly it's going to be a stretch to make a case that the other three officers had an intent to assist in a murder.
Ellison will either need to have the Hennepin County Medical Examiner autopsy thrown out or convince the jury that they should rely on the bought and paid for "independent" autopsy, discounting any idea of medical problems or related drugs in Floyd's system at the time of his death. Both of these concepts would provide an argument that while the death was caused by the actions, there was no way of knowing that the actions would cause a death. Irresponsible or even malicious behavior that leads to a death is classic manslaughter, not murder.
Ellison seems to be playing into and relying on politics here, betting that a jury will convict the four officers in spite of not really having a second degree murder case. Call it a reverse jury nullification argument. The fact that the manslaughter charges appear off the table, means that a jury would be basically setting everyone free if they came back with a not-guilty verdict. So Ellison is "all in" on murder charges here and god help us if he cannot prove it.
46 comments:
Juries have a wonderful capacity to cut through the political bullshit and decide on the facts of the case.
If Ellison is overcharging he'll be responsible for the resulting chaos if they are acquitted.
And the should all serve together in the same cell block.....the only bullshit here is cramps acting like the moron he is!!!!!! Just saw obama speak for 10 minutes without a script...from the heart and completely coherent...unlike the fat fuck in charge who rants like a school yard bully.....the end is near donnie....you can't lead a casino into a profitable unit nor a country into peace!!!!!
RICHMOND, Va. (AP) — Virginia Gov. Ralph Northam is expected to announce plans Thursday for the removal of an iconic statue of Confederate Gen. Robert E. Lee from Richmond's prominent Monument Avenue, a senior administration official told The Associated Press.
The governor will direct the statue to be moved off its massive pedestal and put into storage while his administration seeks input on a new location, according to the official, who spoke on condition of anonymity because the official was not authorized to speak before the governor’s announcement.
The move comes amid turmoil across the nation and around the world over the death of George Floyd, a black man who died after a Minneapolis officer pressed his knee into Floyd’s neck for several minutes, even after he stopped moving.
So he's going to replace Lee with a more progressive racist like Margaret Sanger.
Or maybe Woodrow Wilson he's a son of Virginia. 🙄🙄🙄
ellison owes his current job to kapo soros.
Virginia Gov. Ralph Northam is expected to announce plans Thursday for the removal of an iconic statue of Confederate Gen. Robert E. Lee from Richmond's prominent Monument Avenue, a senior administration official told The Associated Press.
an absolutely brilliant move by ol' COONMAN himself.
next thing you know the left will get the bright idea to level all of the concentration camps in germany & poland.
why learn from history and heed it's warnings when being an ignorant snowflake focused on your feelz is so much more fun.
this is a galactically stupid fucking maneuver alky, so i can see why you would approve.
ellison owes his current job to kapo soros.
BWAAAAAAAAAAA!!!!! Sure....it's always Soros as the boogey man of the dumb fuck rat!!!
Blogger Commonsense said...
So he's going to replace Lee with a more progressive racist like Margaret Sanger.
to the left, life is a series of trade offs. like being willing to overlook sanger's virulant hatred of blacks and her advocacy for the elimination policies of eugenics that would make hitler blush...
...all in exchange for sanger being the patron saint of planned parenthood.
Blogger Roger Amick said...
RICHMOND, Va. (AP) — Virginia Gov. Ralph Northam is expected to announce plans Thursday for the removal of an iconic statue of Confederate Gen. Robert E. Lee
Will the guy-nah be there in blackface?
ST. PAUL, Minn. – The Soros family is getting involved the race for attorney general of Minnesota, throwing their money behind Rep. Keith Ellison (D-MN).
Alexander Soros, son of Democratic megadonor George Soros, is backing Ellison for attorney general, donating to a pro-Ellison political action committee (PAC).
A recent finance report for the People’s Lawyer PAC shows Soros donated $100,000 this month to the PAC. People’s Lawyer describes Ellison as the “the progressive pioneer we need as attorney general.”
Doug Wardlow, GOP-endorsed candidate for attorney general, was quick to respond to the outside influence on the race. In a recent campaign email, Ellison blasting Republicans for taking “dark money.” Wardlow called out the hypocrisy, slamming Ellison for the connection to Soros.
“It is no surprise that the Soros family is attempting to influence the election in favor of Keith Ellison,” Wardlow said. “While Ellison sent out an email 3 days ago talking about “dark money” in the Attorney General’s race, he seems to have no problem with money from the Soros family coming to his aid.”
“Minnesotans should be aware that the Soros family is trying to buy this election for Keith Ellison,” Wardlow added.
Soros previously endorsed Ellison for chair of the Democratic National Committee.
https://alphanewsmn.com/soros-family-donates-100k-to-pro-ellison-attorney-general-pac/
you were saying BWAA?
Oops sorry rat, you already pointed out the hypocrisy of the guv-nah
Billionaire political activist George Soros and his mega-rich son Alexander have dropped hundreds of thousands of dollars into Minnesota’s midterm elections.
According to a recent report from MinnPost, the heir to the Soros fortune donated $100,000 to the People’s Lawyer PAC, an independent expenditure committee established to elect Keith Ellison to the Minnesota Attorney General’s Office. That donation alone accounts for nearly half of all financial contributions to the group, which had raised $202,000 as of September.
All but one donation to the Ellison PAC have come from out of state donors, including Alexander Soros.
The Minnesota Sun found that the Soros family has contributed upwards of $20,000 to the Democratic-Farmer-Labor (DFL) Party’s Senate candidates. Both George and Alexander Soros have donated $5,400 each to the campaigns of Sen. Amy Klobuchar (D-MN) and Sen. Tina Smith (D-MN), at a total of $21,600.
Soros’ Open Society Foundation is doling out even more money to Democratic causes and candidates, and is actively working against Republicans in important swing states, such as Minnesota, the Capital Research Center reports. Additionally, during the 2018 Minnesota primaries, Soros and fellow billionaire Tom Steyer used $1.4 million from their State Victory Action Super PAC to run ads against Republican Tim Pawlenty.
Particular details about the Open Society Foundation’s funding tactics, however, are difficult to come by, since it was found to be among “the least transparent” non-profits in the United States. Meanwhile, The Washington Free Beacon has reported extensively on the difficulties in tracing funds for the State Victory Action Super PAC.
The Soros’ alleged “dark money” tactics have made them the go-to target for Republicans, who have accused the Soros family of backing everything from the recent anti-Kavanaugh protests to the migrant caravan currently making its way through Mexico to the U.S. border.
In a recent op-ed for Fox News, Rep. Steve Scalise (R-LA-01) criticized Soros for supporting the “most radical elements” of the Democratic Party.
“As we continue to hear new reports of violence being committed against Republicans, simply because of their political views, it is clear that the most radical elements of the Democratic Party are taking over,’ Scalise writes. “Democratic Party leaders have been reluctant to stop this. Remarkably few have spoken out forcefully against this violence, and what’s worse, some continue to stoke this hysteria instead.”
https://theminnesotasun.com/2018/10/27/soros-family-drops-thousands-on-minnesota-democrats/
BWAAAAAAAAAA!!!!!! Again all you keep proving is that your asshole can accept a 4x4 without lube.....BWAAAAAAAAA!!!!!!
How many millions did the RNC spend??????? Asshole!!!!!
How many millions did the RNC spend???????
on keith ellison for MN AG? that is the topic, after all.
that would be zero, BWAA.
zero.
0.0
Since the officers that stood by and did nothing are rightful charged.
Do the rioters with people that stood by as the arson, burglaries, aggravated Battery , assaults and Murders going to be charged ?
You support the charges of all?
oh, and BWAA?
your fascination with the male asshole is creepy.
i hope for your sake the golden corral buffet re-opens soon.
This Ellison.
"I hereby declare, officially, my support for ANTIFA Unless someone can prove to me ANTIFA is behind the burning of black and immigrant owned businesses in my ward, I’ll keep focusing on stopping the white power terrorist THE ARE ACTUALLY ATTACKING US!"
oh, and BWAA?
your fascination with the male asshole is creepy.
i hope for your sake the golden corral buffet re-opens soon.
That fat, diabetic wouldn’t know how to clean or skin a thing that wasn’t at Publix
"Donald Trump is the first president in my lifetime who does not try to unite the American people—does not even pretend to try. Instead he tries to divide us."
"We are witnessing the consequences of three years of this deliberate effort. We are witnessing the consequences of three years without mature leadership. We can unite without him, drawing on the strengths inherent in our civil society. This will not be easy, as the past few days have shown, but we owe it to our fellow citizens; to past generations that bled to defend our promise; and to our children."
Gen James Mattis
"That fat, diabetic wouldn’t know how to clean or skin a thing that wasn’t at Publix"
Lol@Denny
Gen. Mattis' statement:
"IN UNION THERE IS STRENGTH
I have watched this week’s unfolding events, angry and appalled. The words “Equal Justice Under Law” are carved in the pediment of the United States Supreme Court. This is precisely what protesters are rightly demanding. It is a wholesome and unifying demand—one that all of us should be able to get behind. We must not be distracted by a small number of lawbreakers. The protests are defined by tens of thousands of people of conscience who are insisting that we live up to our values—our values as people and our values as a nation.
When I joined the military, some 50 years ago, I swore an oath to support and defend the Constitution. Never did I dream that troops taking that same oath would be ordered under any circumstance to violate the Constitutional rights of their fellow citizens—much less to provide a bizarre photo op for the elected commander-in-chief, with military leadership standing alongside.
We must reject any thinking of our cities as a “battlespace” that our uniformed military is called upon to “dominate.” At home, we should use our military only when requested to do so, on very rare occasions, by state governors. Militarizing our response, as we witnessed in Washington, D.C., sets up a conflict—a false conflict—between the military and civilian society. It erodes the moral ground that ensures a trusted bond between men and women in uniform and the society they are sworn to protect, and of which they themselves are a part. Keeping public order rests with civilian state and local leaders who best understand their communities and are answerable to them.
James Madison wrote in Federalist 14 that “America united with a handful of troops, or without a single soldier, exhibits a more forbidding posture to foreign ambition than America disunited, with a hundred thousand veterans ready for combat.” We do not need to militarize our response to protests. We need to unite around a common purpose. And it starts by guaranteeing that all of us are equal before the law.
Instructions given by the military departments to our troops before the Normandy invasion reminded soldiers that “The Nazi slogan for destroying us…was ‘Divide and Conquer.’ Our American answer is ‘In Union there is Strength.’” We must summon that unity to surmount this crisis—confident that we are better than our politics.
Donald Trump is the first president in my lifetime who does not try to unite the American people—does not even pretend to try. Instead he tries to divide us. We are witnessing the consequences of three years of this deliberate effort. We are witnessing the consequences of three years without mature leadership. We can unite without him, drawing on the strengths inherent in our civil society. This will not be easy, as the past few days have shown, but we owe it to our fellow citizens; to past generations that bled to defend our promise; and to our children.
We can come through this trying time stronger, and with a renewed sense of purpose and respect for one another. The pandemic has shown us that it is not only our troops who are willing to offer the ultimate sacrifice for the safety of the community. Americans in hospitals, grocery stores, post offices, and elsewhere have put their lives on the line in order to serve their fellow citizens and their country. We know that we are better than the abuse of executive authority that we witnessed in Lafayette Square. We must reject and hold accountable those in office who would make a mockery of our Constitution. At the same time, we must remember Lincoln’s “better angels,” and listen to them, as we work to unite.
Only by adopting a new path—which means, in truth, returning to the original path of our founding ideals—will we again be a country admired and respected at home and abroad."
Sean Hannity and wife divorce after more than 20 years of marriage
https://pagesix.com/2020/06/03/sean-hannity-and-wife-divorce-after-more-than-20-years-of-marriage/?utm_source=facebook_sitebuttons&utm_medium=site+buttons&utm_campaign=site+buttons
ROGER, when did you realize that your life had collapsed?
Was it when your troll size ex kicked you out.
Roger Amick said...
Sean Hannity and wife divorce after more than 20 years of marriage
yeah? old news, alky. just like all your copy/pastes.
so what?
you must be jealous considering the creature from the panamanian lagoon who dumped your TDS-afflicted ass.
New York, Damn.
"
The president of the New York City police union wrote Tuesday in a letter to his fellow sergeants, “I know we are losing the city,” amid the violent protests and riots occurring in the wake of the death of George Floyd at the hands of police officers in Minneapolis."
Blue State Blues.
Jimmy Carter said
"Rosalynn and I are pained by the tragic racial injustices and consequent backlash across our nation in recent weeks. Our hearts are with the victims’ families and all who feel hopeless in the face of pervasive racial discrimination and outright cruelty. We all must shine a spotlight on the immorality of racial discrimination. But violence, whether spontaneous or consciously incited, is not a solution.
"As a white male of the South, I know all too well the impact of segregation and injustice to African Americans. As a politician, I felt a responsibility to bring equity to my state and our country. In my 1974 inaugural address as Georgia’s governor, I said: “The time for racial discrimination is over.” With great sorrow and disappointment, I repeat those words today, nearly five decades later. Dehumanizing people debases us all; humanity is beautifully and almost infinitely diverse. The bonds of our common humanity must overcome the divisiveness of our fears and prejudices.
"Since leaving the White House in 1981, Rosalynn and I have strived to advance human rights in countries around the world. In this quest, we have seen that silence can be as deadly as violence. People of power, privilege, and moral conscience must stand up and say “no more” to a racially discriminatory police and justice system, immoral economic disparities between whites and blacks, and government actions that undermine our unified democracy. We are responsible for creating a world of peace and equality for ourselves and future generations.
"We need a government as good as its people, and we are better than this."
Fox news poll
Wisconsin
Biden 49
Trump 40
Job approval
Trump 45 approve, 54 disapprove
Gov. Evers 60 approve, 36 disapprove
I’m just curious, liver
What time do you get to watch the communal TV at your home?
Very well spoken words at 6:04PM and 6:22PM.
CNN
Bill Would Require Reporting of Foreign Election Help
“The Senate Intelligence Committee quietly approved on Wednesday a measure that would require presidential campaigns to report offers of foreign election influence to federal authorities, a move taken in response to Russian election interference in 2016 and one that could draw the attention of President Trump.”
Biden Leads In Ohio
A new Fox News poll in Ohio finds Joe Biden leading Donald Trump in the presidential race, 45% to 43%.
Biden Leads In Wisconsin
A new Fox News poll in Wisconsin shows Joe Biden leading Donald Trump in the presidential race, 49% to 40%.
Biden Leads In Arizona
A new Fox News poll in Arizona finds Joe Biden leading Donald Trump in the presidential race, 46% to 42%.
In the U.S. Senate race, Mark Kelly (D) leads Sen. Martha McSally (R), 50% to 37%.
The New York Times
Trump’s Own Polling Shows Him Well Behind
“President Trump is facing the bleakest outlook for his re-election bid so far, with his polling numbers plunging in both public and private surveys and his campaign beginning to worry about his standing in states like Ohio and Iowa that he carried by wide margins four years ago.
“In private polling conducted by Mr. Trump’s campaign, the president is now well behind Mr. Biden, according to people briefed on the most recent round of results. Several public surveys this week have found Mr. Trump trailing Mr. Biden, the former vice president, by double-digit margins, including a Monmouth University poll published on Wednesday that showed Mr. Biden ahead by 11 percentage points.”
The Washington Post:
Trump at Odds with Every Living President
“Four U.S. presidents spoke this week about systemic racism and injustice.
They used their platforms
to illuminate the humanity in all Americans
and
to decry the dehumanization of some.
And they summoned the nation
to confront its failures,
make change
and come together.
“A fifth U.S. president spoke instead this week about
using military force
to dominate Americans who are protesting racial injustice.
He declared winners and losers among state and city officials trying to safeguard their streets.
And, with his reelection campaign in mind,
he sought to apply a partisan political lens to the national reckoning over racial inequities.”
"What time do you get to watch the communal TV at your home?" Cali
That is what his life of work has allowed him, no real freedom or choice.
WORTH REPEATING:
The Atlantic:
Mattis Denounces Trump as a Threat to the Constitution
James Mattis, the esteemed Marine general who resigned as secretary of defense in December 2018 to protest Donald Trump’s Syria policy, has, ever since, kept studiously silent about Trump’s performance as president.
But he has now broken his silence, writing an extraordinary broadside in which he denounces the president for dividing the nation, and accuses him of ordering the U.S. military to violate the constitutional rights of American citizens.
Writes Mattis:
“Never did I dream that troops taking that same oath would be ordered under any circumstance to violate the Constitutional rights of their fellow citizens—much less to provide a bizarre photo op for the elected commander-in-chief, with military leadership standing alongside.”
see above at 6:40PM
"Black Lives Matter plans armed 'peace officers' in 'war on police,' NY leader says"
Pro 2nd Amendment.
Worth repeating? Why, because you like rhe message? Matt is was let go by both obama and Trump for a reason.
Blogger Roger Amick said...
Jimmy Carter said
jimmy carter.
the 2nd worst president of my lifetime after 0linsky, and a virulent anti-semite soaked in hatred for the jews is lecturing us on racism.
LOL. now THAT'S rich.
That LEGO set or Louis Vuitton bag you’ve always wanted can be yours free if you just wait for the next black suspect to die in police custody. That’s the lesson so far from the riots in Minneapolis, Portland, Atlanta and elsewhere following the death of George Floyd. Arson and luxury looting are not the most obvious ways of fighting racism or police brutality, but at this point riots are a ritual. ‘Antifa’ means bourgeois bolshevism — college-educated mock revolutionaries performing to a predictable script.
This is the most sterile rebellion any country has ever seen. Far from terrifying the establishment, it reflects exactly what is taught in schools and preached over the airwaves and in respectable op-eds. Academics and celebrities have taken to Twitter to assure these wonderful young louts that riots really do reform politics and the civil rights movement was about violence from the beginning. Don’t worry: you’re saving black lives by throwing that brick through a window and lighting a liquor store on fire. You’re just like the Boston Tea Party — only not racist.
This is what significant portions of the opinion-forming classes in America actually believe. There is a spectrum, of course. Some thought leaders cavil more than others about the uncouthness of it all. But even the most delicate of pundits isn’t as bothered by the firebombs and pillaging as he is by Donald Trump’s next tweet: that’s real violence.
https://outline.com/NYNFmD
read the whole thing.
Myballs said...
Worth repeating? Why, because you like rhe message? Matt is was let go by both obama and Trump for a reason.
When you've copy/pasted every Goddard political_lire article and he has stopped posting on his blog you have to repost. Can't try and think for yourself. And I know at least 2 of his biased posts yesterday have already been proven totally false. No correction posted.
But liars gotta lie until they die.
TIME TO CHOOSE
AMERICA OR TRUMP
https://twitter.com/projectlincoln/status/1268303956117241856?s=21
Trump Is Really Bad at Hiring People, Isn't He
“The list of Donald Trump’s terrible personnel choices according to Donald Trump gets one name longer, as the president reacted predictably by bashing Mattis. That list now includes a defense secretary, a secretary of state, an attorney general, at least one national security adviser and at least two White House chiefs of staff.
“Again, there are very few people who are otherwise undecided about Trump who would be swayed by what an awful job — according to Trump himself — he has done appointing people for the most important positions in government. But it’s a remarkable record nonetheless.”
--Jonathan Bernstein
_______
FOR EXAMPLE
Ousted Watchdog Says Official Pushed Him to End Probe
The former State Department inspector general who was ousted by President Trump told Congress on Wednesday that a top department official tried to ‘bully’ him as he examined potential misconduct at the agency.
--The New York Times
Trump's attempt at a dictatorship is unraveling, unraveling, unraveling.
JAMES'S FUCKING DADDY said...
*** NOTICE OF CONSTANT SPAMMING and USE OF TAEGAN GODDARD's POLITICAL_LIRE ***
Regular readers of this blog know the constant spamming, lying and obsession for that left-wing Taegan Goddard blog by a certain poster. That poster james, also called the "pastor" (which he claims to be even if you can't tell by his actions) is the POS responsible and considers his mindless rude behavior his hobby. Sometimes he credits Taegan Goddard, sometimes he doesn't.
He has descended so far into TDS and desperation he fills every discussion thread with what people have described as an avalanche of spam. If this is being posted today is no different. He even gets his edited news from that site and spams that if he thinks it will hurt Trump. Every day he repeats what that site posts, regardless of topic. It gets so bad he feels the need to even repeat his spam multiple times in a single thread as well as posting in every active thread the very same spam.
He has exhibited the same mental deterioration as Joe Biden and his postings should be given the same consideration. Both their heads will probably explode when it becomes obvious that Trump will win a second term. Biden will not even notice his head did.
I'm JAMES'S FUCKING DADDY and I APPROVE OF THIS MESSAGE
--------
NOTE TO READERS:
--Retired pastor James, an old white POS who will waterboy forever from his ultra-liberal GODdard and savior political_lire's blog.
No matter what the thread topic is.
And will try and do whatever it takes or approve of any means, legal or illegal, to dispose of a duly elected president.
GO FUCK YOURSELF "pastor".
and go watch the heartbreaking death of a black girl shot to death by a "peaceful" protestor yesterday.
Post a Comment