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J20 Defendants Await Verdict In the First Test of Government Attempt to Criminalize Protest Group As a Whole

Police officers push back demonstrators as they protest against US President Donald Trump in Washington, DC, on January 20, 2017. Masked, black-clad protesters carrying anarchist flags smashed windows and scuffled with riot police Friday in downtown Washington, blocks away from the route of the parade in honor of newly sworn-in President Donald Trump. Washington police arrested more than 90 people over acts of vandalism committed on the fringe of peaceful citywide demonstrations being held against Trump's inauguration. / AFP / Jewel SAMAD (Photo credit should read JEWEL SAMAD/AFP/Getty Images)
Photo: Jewel Samad/AFP/Getty Images

J20 DEFENDANTS AWAIT VERDICT IN FIRST TEST OF GOVERNMENT ATTEMPT TO CRIMINALIZE PROTEST GROUP AS A WHOLE

IT’S BEEN A BLEAK year for the 194 protestors, medics, and journalists facing multiple felony charges stemming from their arrest surrounding Donald Trump’s presidential inauguration on January 20, 2017. Vilified by much of the mainstream press and largely ignored by the liberal “Resistance” movement, the J20 defendants — as they’re collectively known — have huddled around each other and their tight network of supporters. On Friday, a jury began deliberations in the first J20 trial, of six defendants, on a raft of counts; a verdict could come as soon as Monday. Last Wednesday, however, there was a rare glimmer of hope: Before closing arguments, Judge Lynn Leibovitz of the D.C. Superior Court threw out the “inciting a riot” charge, a felony with a maximum ten year sentence.

Despite throwing out the incitement charges, Leibovitz declined to acquit the defendants on seven other charges, including five counts of felony property destruction, misdemeanor rioting, and misdemeanor conspiracy to riot. Those charges together carry a maximum sentence of 50 years in prison.

“It’s been a long month for these six defendants and their supporters. We’re nervous, obviously, but we’re resolute.”

“It’s been a long month for these six defendants and their supporters,” said Sam Menefee-Libey of the Dead City Legal Posse, a group that organizes support and advocates for the J20 defendants. “We’re nervous, obviously, but we’re resolute. And the feeling of solidarity amongst everyone is powerful.”

What the acquittal means for the remaining 188 defendants is not yet clear. Prosecutors may have stronger evidence of incitement against other protestors, especially those who planned the action or who issued directions during the march. (Some of the organizers will go on trial early next year.) But this first failure is indicative of a larger problem with the government’s case: a lack of individualized evidence against the majority of those arrested.

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Protest is Increasingly Becoming Criminalized in America

Protest is Increasingly Becoming Criminalized in America

The historical space available for Americans to engage in public protest has been declining for many years, and is a topic I covered on several occasions during the Obama administration. For instance in the post,  The War on Free Speech – U.S. Department of Justice Subpoenas Reason.com Over Comment Section, I noted:

Readers of Liberty Blitzkrieg will be well aware of the gradual erosion by the state of the civil liberties of the American public. Such attacks are typically sufficiently under the radar, so that the average citizen has no idea what is happening until it’s too late. I have written about such calculated assaults on many occasions, but the holy grail target of the status quo is the First Amendment of the Constitution, which enshrines a right to the freedom of religion, speech, the press, and the right to peaceably assemble and petition the Government for a redress of grievances. 

Many aspects of the First Amendment have been neutered in practice. For example, the right to assemble peacefully and effectively is often prevented in practice by the need to secure permits and other hindrances (see “free speech cages” and “protest zones”) . Meanwhile, on college campuses, where activism is historically most vibrant, many schools have embraced the Orwellian concept of “free speech zones” in order to prevent free speech.

Unfortunately, it appears this trend is about to get a lot worse following the DAPL protests and increased activism we’ve seen since Trump’s election. As The Hill reports:

Republican state legislators across the country are advancing bills that would criminalize or penalize some public protests just a month after millions of Americans took to the streets in opposition to President Trump.

…click on the above link to read the rest of the article…

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