Kyle Rittenhouse Trial?

[IJ1981]

As we speak, a Fox News Channel reporter is trudging across the Brooklyn Bridge with dozens of Rittenhouse "protesters".

Why are they there, staggering along in the dark, for a quest that has no solution?

Only The Shadow knows!

 

[Old_Grouch]

There are two special cases where "Murder" can be charged as a federal offense: 1) If the crime occurred within the special maritime and territorial jurisdiction of the United States - this covers places not within a state, but that's not applicable here. and 2) It can also be charged under the Assimilative Crimes Act, but only if it occurred on federal lands within a state, also not the case here.

As pointed out above there are more than 2 cases when Murder (U.S. Code Title 18 PART I CHAPTER 51 § 1111) can be charged.
https://www.shouselaw.com/ca/blog/murder/is-murder-a-federal-crime-7-ways-it-can-be/

1. the murder is of a federal judge or a federal law enforcement official (e.g., an agent of the FBI, TSA, or ATF)
2. the killing is of an immediate family member of a federal law enforcement official
3. the murder is of an elected or appointed federal official (e.g., the President, a Supreme Court Justice, a member of Congress, or the murder of a federal judge)
4. the killing is committed during a bank robbery
5. the killing takes place aboard a ship at sea (e.g., on a vessel that is engaged in interstate commerce per the Commerce Clause of the U.S. Constitution)
6. the murder was designed to influence a court case
7. the killing takes place on federal property (e.g., on national parks or a Native American reservation).

 

[armydog]

As we speak, a Fox News Channel reporter is trudging across the Brooklyn Bridge with dozens of Rittenhouse "protesters".

Why are they there, staggering along in the dark, for a quest that has no solution?

Only The Shadow knows!

I guess they're doing what the MSM and Democrat demagogues have trained them to do. Useful idiots. lol

I love how the reporter said most of the crowd is white. I bet the demagogues are salivating over the Arbery case.

 

[MEHavey]

Evidence developed during the investigation does make it possible for him to be
charged with the "Straw Purchase" of the weapon used. That's a federal felony.

Apparently not....
https://www.ammoland.com/2021/11/ri...law-and-the-kenosha-prosecutor/#axzz7Cj4EUOKb

But the feds are pretty desperate to be seen "doing something, so one never knows....

 

[Phaedrus/69]

As we speak, a Fox News Channel reporter is trudging across the Brooklyn Bridge with dozens of Rittenhouse "protesters".

Why are they there, staggering along in the dark, for a quest that has no solution?

Only The Shadow knows!

My guess is they're doing what Kyle did- exercising their God Given Rights to be there. Maybe a few will bring rifles, strictly for self defense.

 

[armydog]

My guess is they're doing what Kyle did- exercising their God Given Rights to be there. Maybe a few will bring rifles, strictly for self defense.

None of them will be doing what KR did. They don't have the right to do what KR did. NYC does not afford US Citizens all of their rights under the US Constitution.

 

[F-111 John]

Apparently not....
https://www.ammoland.com/2021/11/ri...law-and-the-kenosha-prosecutor/#axzz7Cj4EUOKb

But the feds are pretty desperate to be seen "doing something, so one never knows....

The quote from AmmoLand is regarding the "possession of a dangerous weapon by a person under 18" charge count 6 which was dismissed.

The "straw purchase" issue is a Federal question regarding lying on an ATF Form 4473 and only concerns Dominick Black, the friend that purchased the M&P 15.

 

[Jim Watson]

The Feds can still screw him over for violating the civil rights of mostly peaceful protesters that only wanted to give him the beating he should be able to stand.

 

[RickD427]

Apparently not....
https://www.ammoland.com/2021/11/ri...law-and-the-kenosha-prosecutor/#axzz7Cj4EUOKb

But the feds are pretty desperate to be seen "doing something, so one never knows....

Your link has no relevance to the issue of the feds charging Kyle with a straw purchase.

Your link only discusses the applicability of Wisconsin law to the question of whether Kyle's weapon was legally possessed.

Apples and Oranges.

 

[Frank Ettin]

.....The "straw purchase" issue is a Federal question regarding lying on an ATF Form 4473 and only concerns Dominick Black, the friend that purchased the M&P 15.

No, if there is a straw purchase issue that would not be correct. Rittenhouse would also be liable. See 18 USC 2:

(a) Whoever commits an offense against the United States or aids, abets, counsels, commands, induces or procures its commission, is punishable as a principal.

(b) Whoever willfully causes an act to be done which if directly performed by him or another would be an offense against the United States, is punishable as a principal.

 

[RickD427]

No, if there is a straw purchase issue that would not be correct. Rittenhouse would also be liable. See 18 USC 2:

​

Frank, In addition to Kyle being liable as a principal under 18 USC 2, it's also possible to charge Conspiracy under 18 USC 371.

It's often more advantageous for a prosecutor to pursue the conspiracy avenue, particularly if the case is complex, and the suspects play a relatively small part in the grand scheme. When charged as a principal, each suspect is responsible for the lowest common denominator of their own criminal conduct. When charged as a conspiracy, each suspect become liable for the whole amount of the crime involved. That aspect often facilitates plea agreements from the lesser involved parties, and also provides great leverage for them to serve as witnesses against their former crime partners.

Although not the case in the federal law, some state laws (including California) define all conspiracies as felonies, regardless of the level of the underlying crime.

 

[MEHavey]

Your link has no relevance to the issue of the feds charging Kyle with a straw purchase.

You apparently did not read the link before commenting.
>
> Before August 25, Kyle had shot the rifle once, at Dominick’s
> family’s range in Ladysmith. After the single shooting, the rifle
> had been kept in the gun safe of Dominick’s stepfather,
> at Dominick’s residence. There was no substantial transfer
> of the rifle to Kyle. This is important. A “straw purchase” under
> federal law requires a substantial transfer, not a short and
> temporary transfer. A rifle can be loaned to a friend for a hunting
> trip, for example, without the transfer creating a “straw purchase”.
>
https://www.ammoland.com/2021/11/ri...law-and-the-kenosha-prosecutor/#axzz7Cj4EUOKb

 

[SharpDog]

Would you like your Black Rifle Coffee with a side of egg on its face ?

https://www.breitbart.com/politics/...-rittenhouse-silent-after-not-guilty-verdict/

 

[MEHavey]

Unfortunately, the coffee company was correct in how it handled the issue.

 

[armydog]

I'm waiting for real breaking news. I'm waiting to hear what the high intellect of one Lebron James has to say on the acquittal. lol His legal analysis has been the most informative of the entire trial.

 

[yeongjo]

Kyle speaks in aftermath of verdict.

 

[danez71]

A “straw purchase” under federal law requires a substantial transfer,

I think @RickD427 's point is that using 18 USC 371 to charge conspiracy would not require substantial transfer.

 

[MEHavey]

Can't say I disagree that a federal prosecutor in vendetta mode couldn't take a run at it.
But there are four elements to prove beyond reasonable doubt:

- An agreement between at least two parties,
- The agreement is meant to achieve an illegal goal,
- All parties alleged to be involved have to have knowledge of the conspiracy and participate in the conspiracy in some way, and
- At least one person involved in the conspiracy has to make an overt act in furtherance of the conspiracy

Since the goal was to wait until KR was of legal age, transfer had not occurred prior to that, and KR's possession on a temporary basis was legal under the law,* it might be a tough sell.


* Remember that temporary possession charge was summarily dismissed once someone decided to actually read the law.
https://abcnews.go.com/US/wireStory/explainer-judge-drop-rittenhouse-gun-charge-81285031



Legal Beagles weigh in....

 

[drobs]

As we speak, a Fox News Channel reporter is trudging across the Brooklyn Bridge with dozens of Rittenhouse "protesters".

Why are they there, staggering along in the dark, for a quest that has no solution?

Only The Shadow knows!

Paid Protesters.

 

[Robert]

The last few pages have contained almost nothing of substance. Chest thumping and virtue signaling is not what the legal forum is for. 23 pages appears to be far more than enough for this one.