Terry McAuliffe for Prison

On Saturday, August 12, the Alt-Right attempted to hold a rally in Charlottesville, Virginia to protest the removal of several Confederate statues and to unite the Right against violence and censorship.

Unite The Right Protesters surround a statue on August 11, 2017 to protest its removal.

The day before the rally, the National Guard and hundreds of riot police were called into the city to control the expected violence. However, as the rally began Saturday morning, the police were ordered to stand down as swarms of Antifa blocked the entrances to the park where the rally was taking place and assaulted attendees with pepper spray, mace, and even flamethrowers. However, after hours of allowing Antifa to commit violence, the Virginia State Police and Charlottesville Police declared the Unite the Right rally, which had been granted a permit, an illegal assembly. This action was taken under the authority of a state of emergency declaration signed by Governor Terry McAuliffe. The declaration made all public rallies anywhere in Virginia illegal.



Riot police forced Unite The Right attendees back through crowds of Antifa, where they were again assaulted with various weapons including chemicals. Several Unite The Right rally participants were arrested for refusing to "disperse" into a hostile, violent crowd.

Unite The Right had two "pens" - which were square spaces walled in with police barricades. There was only one entrance to each pen, which was blocked by Antifa. When the police forced ralliers out of the pens, they were literally pushing them up against Antifa - creating violent conflicts.


 A visualization of the situation on August 12 in Charlottesville (Source: Twitter/@NotPaxDickinson)

As ResistanceMedia's Editor was not able to attend the rally personally, please make sure to read this first-hand, eyewitness account of the chaos and how it was created by politicians and police. 

Anyway, after those Alt-Right activists who did not engage in civil disobedience managed to push through crowds of violent Antifa, they attempted to gather at another local park for the planned rally. As soon as they arrived, police, again acting under the Governor's emergency declaration, declared that assembly unlawful as well and ordered everyone to disperse.

However, even after the police attacked the Alt-Right twice and shut down their lawful assembly, in violation of a federal court order, they allowed Antifa and Black Lives Matter to parade around the town of Charlottesville in violation of their own "unlawful assembly" order. This double standard of enforcement is the definition of "viewpoint discrimination" which the Supreme Court has repeatedly ruled illegal.

I'm sure that a court won't be happy when it hears that the police shut down a permitted rally while allowing another group to march through the streets without a permit.

Additionally, the state of emergency and illegal assembly declaration were based on violence caused by Antifa and other counterprotesters. This is an illegal "heckler's veto." The courts have repeatedly ruled that controversial speakers cannot be silenced due to an unruly or violent crowd. This was written by Justice Easterbrook in the verdict regarding Hedges v. Wauconda Community School District (1993.)

 "The police are supposed to preserve order, which unpopular speech may endanger. Does it follow that the police may silence the rabble-rousing speaker? Not at all. The police must permit the speech and control the crowd. There is no heckler's veto. Just as bellicose bystanders cannot authorize the government to silence a speaker, so ignorant bystanders cannot make censorship legitimate."

Please also note that the organizer of the Unite The Right gathering, Jason Kessler, obtained a federal court injunction the previous day which forbid the City of Charlottesville from revoking the permit for the rally.

By shutting down the rally, the Charlottesville government and Terry McAuliffe placed themselves directly in contempt of a federal court order. They may cite the violence which occurred on Saturday to justify their original decision to attempt to shut down the rally and to protect themselves from lawsuits about their violation of freedom of speech. However, as previously shown, they themselves created the conditions for the violent clashes.

Terry McAuliffe colluded with the Charlottesville government to violate the Alt-Right's First Amendment rights. In addition to being partially responsible for the violence and being in contempt of a federal court, McAuliffe could have committed at least two federal felonies, specifically...

18 US Code § 241 - Conspiracy against rights

"If two or more persons conspire to injure, oppress, threaten, or intimidate any person in any State, Territory, Commonwealth, Possession, or District in the free exercise or enjoyment of any right or privilege secured to him by the Constitution or laws of the United States, or because of his having so exercised the same... They shall be fined under this title or imprisoned not more than ten years, or both; and if death results from the acts committed in violation of this section or if such acts include kidnapping or an attempt to kidnap, aggravated sexual abuse or an attempt to commit aggravated sexual abuse, or an attempt to kill, they shall be fined under this title or imprisoned for any term of years or for life, or both, or may be sentenced to death."

The Charlottesville police and Virginia State Police selectively enforced the state of emergency against the Alt-Right while allowing Antifa and Black Lives Matter to march in the streets. If this had not happened, Heather Heyer would not have died and 20 more people would not have been injured in the tragic car crash. Therefore, death arguably resulted from the Charlottesville and Virginia government actions. Even if this argument does not hold up in court, McAullife and Charlottesville Mayor Mike Signer, as well as potentially other individuals, should face prison sentences of up to 10 years for their criminal actions on August 12.

18 U.S. Code § 242 - Deprivation of rights under color of law

"Whoever, under color of any law, statute, ordinance, regulation, or custom, willfully subjects any person in any State, Territory, Commonwealth, Possession, or District to the deprivation of any rights, privileges, or immunities secured or protected by the Constitution or laws of the United States, or to different punishments, pains, or penalties, on account of such person being an alien, or by reason of his color, or race, than are prescribed for the punishment of citizens, shall be fined under this title or imprisoned not more than one year, or both; and if bodily injury results from the acts committed in violation of this section or if such acts include the use, attempted use, or threatened use of a dangerous weapon, explosives, or fire, shall be fined under this title or imprisoned not more than ten years, or both; and if death results from the acts committed in violation of this section or if such acts include kidnapping or an attempt to kidnap, aggravated sexual abuse, or an attempt to commit aggravated sexual abuse, or an attempt to kill, shall be fined under this title, or imprisoned for any term of years or for life, or both, or may be sentenced to death."

The Charlottesville police and Virginia state police attacked the peaceful Alt-Right protest which had already been granted a permit by a federal court. This was a clear violation of the First Amendment - especially considering the previously mentioned fact that left-wing protesters were allowed to march during the "state of emergency."

This violation of constitutional rights came under the "color" of Virginia law regarding unlawful assemblies and the State of Emergency declaration. By forcing the Alt-Right out of the park into crowds of Antifa rioters, bodily injury resulted from these acts. McAuliffe and the leaders of Charlottesville, including the police chief and Mayor, should be given a fair trial and if they are convicted, sentenced to ten years in prison as prescribed by federal law.

ResistanceMedia.org is calling for a full investigation of Terry McAullfe, Mike Signer, Charlottesville police chief Al Thomas, and any other officials who violated the Constitution and allowed Antifa to commit violence.  The death of Heather Heyer was a tragedy, but it would not have happened if it were not for the action and inaction of the Virginia and Charlottesville governments. 

Terry McAullife, and his allies in Charlottesville, belong in prison for what they have done. 

Disclaimer: This is commentary and opinion analysis and is protected by the First Amendment to the Constitution.

Comments

  1. You have no idea how long it took me to find anyone talking about the fact that the governor and mayor violated the federal order. The judge that gave the order should be holding them in contempt. Then they should be facing the federal charges as outlined above in addition. It shouldn't take long to investigate. Just send in the FBI to arrest them both.

    ReplyDelete
  2. McCaullife is a triple crown winner (Criminal, Liar, and Racist)

    ReplyDelete

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