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barbtries

(28,787 posts)
Wed Nov 24, 2021, 03:16 PM Nov 2021

Question.

can Rittenhouse be prosecuted federally? is there any chance that will happen?

Can the prosecution have the trial nulled somehow because of the judge and his clear bias? obviously if rittenhouse had been (rightfully) convicted he could appeal and appeal and appeal, but is there in fact no hope of that at all?

my heart aches for the families of the victims and i try not to be fearful because of the message sent by the verdict. then today i read he's being promoted for a congressional medal. could it be any clearer that the GOP is the party of white supremacy?

19 replies = new reply since forum marked as read
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barbtries

(28,787 posts)
8. I hope it bears fruit.
Wed Nov 24, 2021, 03:53 PM
Nov 2021

it is SO FUCKING WRONG that this kid could get away with murder under these circumstances.

barbtries

(28,787 posts)
9. i know about double jeopardy,
Wed Nov 24, 2021, 03:55 PM
Nov 2021

and asked my JD son the same question and got the same answer. in this case it seems wrong somehow, but I did not watch the trial. was there any opportunity or credible reason to move for recusal from the judge? i mean just from the headlines and DU posts I did read, he was a bad judge who is brainwashed by right wing media.

Sympthsical

(9,072 posts)
4. There's no chance
Wed Nov 24, 2021, 03:21 PM
Nov 2021

People need to set fantasy aside for reality now. It's not going to happen. If it were, someone anywhere at all would be citing statutes. No one is, because they already know.

The people who said, "We're looking into that," were just saying it to placate supporters and constituents. It was completely performative.

They will now give it not another single thought.

Takket

(21,560 posts)
5. No. The 5th amendment prohibits prosecuting people twice for the same crime
Wed Nov 24, 2021, 03:26 PM
Nov 2021

what can and probably should happen is the victim's families suing the ever living hell out of the Kenosha police for welcoming vigilantes to go out and do their job for them.

SYFROYH

(34,169 posts)
6. If it's true that Rittenhouse gave money to Black to buy the rifle...
Wed Nov 24, 2021, 03:30 PM
Nov 2021

…it’s sounds like a straw purchase to me which is a Federal crime.

Unfortunately, straw purchases are almost never prosecuted for some strange reason.

I’m not a lawyer, though.

Zeitghost

(3,858 posts)
13. Black has been charged with the straw purchase
Wed Nov 24, 2021, 04:09 PM
Nov 2021

But IIRC, the crime in a straw purchase is in falsely filling out the form 4473 which means it is Black and not Rittenhouse that committed the crime.

SYFROYH

(34,169 posts)
14. Yes, I think you're right, but I also thought the reciever of firearm could be charged.
Wed Nov 24, 2021, 04:49 PM
Nov 2021

Something like a conspiracy because he Rittenhouse knew it was wrong and gave the money to facilitate the straw purchase.

Perhaps I'm wrong.

 

Tomconroy

(7,611 posts)
15. Technically a federal prosecution involves a separate sovereign
Wed Nov 24, 2021, 05:11 PM
Nov 2021

So double jeopardy would not apply. A federal prosecution is unlikely though imho.

 

Monohull

(52 posts)
18. On what do you base that opinion?
Wed Nov 24, 2021, 05:21 PM
Nov 2021

Others have been charged for conspiring to make an illegal straw purchase.

 

Monohull

(52 posts)
16. I see no reason why he can not be prosecuted
Wed Nov 24, 2021, 05:17 PM
Nov 2021

for conspiracy to violate federal law for his conspiring to do a straw purchase.

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