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1st degree murder charges against Kyle Rittenhouse are ludicrous prima facie

By Blaine Traber

This isn’t about a crime. It’s about politics. It’s about optics. It’s about appeasing the mob.

The killing of two men in Kenosha, Wisconsin, has the nation taking sides. Black Lives Matter supporters are generally calling it murder. Opposition to Black Lives Matter are calling it self-defense. All that matters is how the law views the series of events leading up to the three shootings and two deaths.

17-year-old Kyle Rittenhouse has been arrested for charges that include 1st degree murder. He evaded capture by crossing state lines, returning to his home state of Illinois. Reports indicate he was not lawfully in possession of the AR-15 he used in the shootings. There may be charges that can stick, but 1st degree murder almost certainly cannot. Unless there is further evidence that we have not seen, our EIC lays out in simple terms why they can’t make murder-one charges stick.

Premeditation is the key here. He was clearly being chased and attacked by the first man he shot, leading to calls that it was self-defense. As for the second and third shooting, he was even more clearly being chased and attacked. Once again, this appears to be self-defense. He may have to answer for other crimes, but murder-one is not one of them. At least it shouldn’t be.

So why are they trying to throw the book at him? Surely they know any decent defense attorney will eat them alive in court. Could it be that they’re simply trying to pander to Black Lives Matter, perhaps in an effort to deescalate the situation with hopes of lowering the charges at a point when things have calmed down? That’s possible. Then again, they may be doing it with the intention of pursuing it and losing, thereby taking the blame away from them. Hey, they tried, but a jury didn’t see it their way?

Or, perhaps they truly believe they can convince a jury that premeditation was inherent with his presence from out of state. In that scenario, they would try to paint him as a young man living out a fantasy of some sort, doing what he could to provoke an altercation through which he could claim self-defense. They’d need evidence that we haven’t seen at this time or a very vindictive jury. Or both.

If that’s the case and they achieve their goal of convicting him on 1st degree murder charges, the nation will be rocked. It will suddenly become much more challenging to defend our property, to defend our very lives.

The nation needs to take a step back and truly examine what is happening to us. If defending oneself from bodily harm is somehow construed by the law as premeditated murder, then we’re in worse trouble than we know.

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