I don't practice criminal law, but based on all the other lawyer work I've done in the last 42 years, this sure seems to fit the DOJ manual's criteria for one or more of
1) RICO pattern crimes.
https://www.justice.gov/jm/jm-9-110000-organized-crime-and-racketeering
or
2) the mail and wire fraud crimes
https://www.justice.gov/jm/jm-9-43…
I don't practice criminal law, but based on all the other lawyer work I've done in the last 42 years, this sure seems to fit the DOJ manual's criteria for one or more of
However, the problem is not absence of statutes that support the prosecution of crimes. There is no question there were crimes.
The problem is the United States of America is mostly primed and set up to arrest minority members of the the United States (blacks, mexicans, natives, etc.). Those arrests are encouraged and supported.
However, arresting the wealthy majority (white) members of America? That activity is nearly non-existent in American history. In other words: Taboo by unwritten agreement.
So, now we have multiple crimes committed by wealthy white men (the historical "rulers" of our society) and nobody seems to know what to do when a crime is openly committed by those members of American society.
If black folks had run the Jan 06 riot and lies they would all have been in jail the next day.
Indeed, the absence of arrests of the wealthy leaders of the Jan 06 coup is one of the very fundamental flaws in America:
--> The inability to punish illegal behavior by wealthy, white male members of society.
“If black folks had run the Jan 06 riot and lies they would all have been in jail the next day.” You give the system too much credit. They would have been dead.
However, this morning, on my local news station, I just saw a black man being walked into the jail house with cuffs on behind his back and two big deputies on each side.
Every.....single.....day.......in every town in America, the local news shows this scene.
It is a message.
But, you can go YEARS without seeing a white man similarly being perp walked out of a cop car into jail. In fact, I cannot remember if I have EVER seen that on my local TV station.
Those aren't the statutes, by the way, those are the parts of the US Department of Justice "Manual" on how to prosecute.
While I also lament the lack of arrests of those who planned and - at the ellipse on January 6 - led the insurrection, there are a lot of white, wealthy men who do get arrested for federal crimes. Most RICO prosecutions have focused on them, in fact.
It's true that the non-white population in federal prisons, just like state and local jails and prisons, is disproportionately high.
I don't disagree -- I also try my best not to overstate.
As a matter of terminology, white males aren't "immune" as much as the prosecutorial and police mindsets stereotype people of color as more likely to commit crime.
It's actually a vicious part of our history of building a country on the backs and shoulders of slaves and aboriginal Americans. It constitutes a significant part of "Critical Race Theory" as taught in law schools and graduate colleges.
FWIW, many RICO defendants are white, although you are completely correct that people of color hugely overpopulate both criminal court dockets, jails and prisons at every level in this country.
If you're interested in a very academic analysis of RICO applied to white gangs as opposed to gangs populated by POC, here's very good one - it definitely supports your point of view in a comparison of white vs non-white prison and street gangs.
Our family believes that was part of the plan. They were counting on counter- protesters who never showed up; they were going to use BLM as an excuse to declare martial law. Stupid. Why would we protest when we won? All the down ballot GQP have done just that.
I'm firmly for RICOing the lot of them, including Faux News. The penalties are awesome, and perfect for this. Seizure of assets, $ 100k per charge and 20 years in federal prison. That would keep most of them out of our hair long enough to help us adapt to climate change. RICO, baby, RICO. I promise you, this is the one that truly has them so frantic right now. Mr. Garland, the ball is in your hands, and I assure you, The Marmalade Mafia will continue to self-incriminate.
I don't practice criminal law, but based on all the other lawyer work I've done in the last 42 years, this sure seems to fit the DOJ manual's criteria for one or more of
1) RICO pattern crimes.
https://www.justice.gov/jm/jm-9-110000-organized-crime-and-racketeering
or
2) the mail and wire fraud crimes
https://www.justice.gov/jm/jm-9-43000-mail-fraud-and-wire-fraud
or
3) crimes of fraud against the government.
https://www.justice.gov/jm/jm-9-42000-fraud-against-the-government
. . . and there may be others.
IMO, this has been a RICO case from the beginning of his term until the present.
I can't disagree.
Everything about Trump is a fraud, a con and a grift.
Since he started the Birther Grift.
Steve,
Thanks for the links. Very useful reading.
However, the problem is not absence of statutes that support the prosecution of crimes. There is no question there were crimes.
The problem is the United States of America is mostly primed and set up to arrest minority members of the the United States (blacks, mexicans, natives, etc.). Those arrests are encouraged and supported.
However, arresting the wealthy majority (white) members of America? That activity is nearly non-existent in American history. In other words: Taboo by unwritten agreement.
So, now we have multiple crimes committed by wealthy white men (the historical "rulers" of our society) and nobody seems to know what to do when a crime is openly committed by those members of American society.
If black folks had run the Jan 06 riot and lies they would all have been in jail the next day.
Indeed, the absence of arrests of the wealthy leaders of the Jan 06 coup is one of the very fundamental flaws in America:
--> The inability to punish illegal behavior by wealthy, white male members of society.
“If black folks had run the Jan 06 riot and lies they would all have been in jail the next day.” You give the system too much credit. They would have been dead.
Perhaps. I cannot say that is unlikely.
However, this morning, on my local news station, I just saw a black man being walked into the jail house with cuffs on behind his back and two big deputies on each side.
Every.....single.....day.......in every town in America, the local news shows this scene.
It is a message.
But, you can go YEARS without seeing a white man similarly being perp walked out of a cop car into jail. In fact, I cannot remember if I have EVER seen that on my local TV station.
Sadly true.
😔
Those aren't the statutes, by the way, those are the parts of the US Department of Justice "Manual" on how to prosecute.
While I also lament the lack of arrests of those who planned and - at the ellipse on January 6 - led the insurrection, there are a lot of white, wealthy men who do get arrested for federal crimes. Most RICO prosecutions have focused on them, in fact.
It's true that the non-white population in federal prisons, just like state and local jails and prisons, is disproportionately high.
Thanks Steve. I am sure, once in a while, a rich white man gets on the wrong side of another richer white man and then is prosecuted.
But, mostly? They are immune from being charged as criminals even when they are openly criminal.
I don't disagree -- I also try my best not to overstate.
As a matter of terminology, white males aren't "immune" as much as the prosecutorial and police mindsets stereotype people of color as more likely to commit crime.
It's actually a vicious part of our history of building a country on the backs and shoulders of slaves and aboriginal Americans. It constitutes a significant part of "Critical Race Theory" as taught in law schools and graduate colleges.
FWIW, many RICO defendants are white, although you are completely correct that people of color hugely overpopulate both criminal court dockets, jails and prisons at every level in this country.
If you're interested in a very academic analysis of RICO applied to white gangs as opposed to gangs populated by POC, here's very good one - it definitely supports your point of view in a comparison of white vs non-white prison and street gangs.
https://repository.law.umich.edu/cgi/viewcontent.cgi?article=1025&context=mjrl
But another shows how RICO can be used expressly to address white supremacist groups.
https://digitalcommons.law.umaryland.edu/cgi/viewcontent.cgi?article=1353&context=rrgc
They would not have been jailed the next day. They would have been slaughtered that day when they got to the steps of the Capitol.
Yes, A likely outcome.
Our family believes that was part of the plan. They were counting on counter- protesters who never showed up; they were going to use BLM as an excuse to declare martial law. Stupid. Why would we protest when we won? All the down ballot GQP have done just that.
May I insert… RICO is “Racketeer Influenced and Corrupt Organization Act” passed in 1970.
Dust it off, DOJ. It fits to a “t”.
Salud, Steve.
I'm firmly for RICOing the lot of them, including Faux News. The penalties are awesome, and perfect for this. Seizure of assets, $ 100k per charge and 20 years in federal prison. That would keep most of them out of our hair long enough to help us adapt to climate change. RICO, baby, RICO. I promise you, this is the one that truly has them so frantic right now. Mr. Garland, the ball is in your hands, and I assure you, The Marmalade Mafia will continue to self-incriminate.
Wish I was a lawyer!
No, you really don't. I promise.