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Unfortunately, this week I’ve been diagnosed with strep throat and speaking is difficult right now. It’s not ideal to be a constant talker. So this week we’ll have to settle for a blog list. The same great stories but without the amazing voice that reads them.
This week, I decided to concentrate on wrapping up the major news stories from the Rittenhouse case. The work of our writers has been amazing. They have done a great job analysing coverage and keeping up with how lunatic progressives frame the proceedings. Here are the highlights of this week’s top stories from our amazing writers. RedState staff.
1.Dennis Santiago analyzes the prosecutor’s underhanded efforts to introduce excluded testimony/evidence and incriminate Rittenhouse by virtue of his own, constitutionally-guaranteed silence.
Prosecutor Binger at first gets himself into some legal hot water attempting to infer that Rittenhouse’s silence is incriminating. The judge slaps the prosecution’s face hard on this ploy, pointing out that is a serious breach of a defendant’s right to remain silent. It is not something to be taken lightly. The breach is fiery enough that Rittenhouse’s attorney threatens to call for a mistrial due to prosecutorial overreach.
Santiago thinks the prosecutor was mistaken to make a lot of hay over Rittenhouse’s choice of weapon.
Binger next tries to infer that Rittenhouse’s choice of the AR-15 as his firearm was a provocative act, therefore disqualifying privilege. The two go back and forth about the choice of the weapon and Kyle’s understanding of the lethality of the weapon, which in my opinion the prosecutor overly inflated to the point of injuring his own credibility as a technical argument.
He continued to claim that the defendant seemed confused about the questioning that was being used to try to link his video gaming habits with the incident.
It is clear that this was an attempt to invoke Wisconsin law 939.49(2)(c). In other words, it implies Kyle made a pretext to cause injury. But Rittenhouse’s responses to Binger are such that Kyle is clearly confused and does not follow the line of argument that the prosecutor is attempting. A juror who was watching the exchange might also believe that this plot failed.
Santiago’s conclusion is basically that the prosecutor is tripping himself up around every corner. If I see analysis such as this, it is easy to agree.
2.Nick Arama covers the judge’s obvious outrage at the prosecutorial conduct laid out in Santiago’s previous article.
However, the judge had his reservations about the prosecution’s attempt to use evidence which he claimed he did not exclude. The judge chastised Binger for failing even to ask. “Don’t get brazen with me!” the judge shouted at Binger.
Arama says even if the reason was legitimate, it would be appropriate to ask for a sidebar. And then of course the unthinkable happens…the judge has a patriotic ringtone on his phone! Oh, the horror!
Binger believed that it was within the scope of the judge’s statement. He should have asked for permission to present any doubtful evidence. But he didn’t which is why the judge wasn’t believing he was acting in good faith. He just wanted to enter the evidence and he wasn’t going to let the ruling stop him. That’s basically what the defense was saying in arguing for a mistrial with prejudice because the prosecutor was allegedly acting improperly with purpose to prevent an acquittal.
So we’ll have to see how the judge comes decides on that motion, but it’s very clear that he’s had enough of Binger and all his tricks. Meanwhile, you know how far down the rabbit hole some in the liberal media have been going when they lose their minds over the judge having “God Bless the USA” as the ringtone on his phone because President Donald Trump has played that at his rallies. Obviously, conspiracy! What would anyone do to like the song? That’s where we’re at with how they are reporting on this trial.
It’s all summarized perfectly by Arama. This is the place we’re at, people. Is it possible that some of those complaining people had an opinion about the criminal justice system in America?
3. Speaking of which Jeff Charles points out the hypocrisy of the “criminal justice reform” crowd when it comes to the Rittenhouse trial.
People on both sides – including myself – have pointed out that showing up while the riots were in full swing wasn’t exactly the best idea one could have had. In fact, if I’d done something similar at his age, my Mom would have beaten me so badly I’d have come out of it speaking Chinese with a Scottish accent.
However, those on the left taking issue with Rittenhouse’s armed presence at the riots don’t have a leg to stand on. Why? Well, Breitbart News’ Alana Mastrangelo made an excellent point on Twitter when she wrote:
Leftists question why Kyle Rittenhouse thought he was in Kenosha.
Meanwhile, I’m wondering why people felt they had any business rioting, looting, assaulting, threatening, and setting things on fire in Kenosha.
Charles rightly points out that it’s possible to disapprove of Rittenhouse’s presence at the riots while at the same disapproving of the riots, period. The one thing the left doesn’t seem to care about in this trial is all the rioting and destruction of black neighborhoods.
Conservatives question Rittenhouse’s travel to Kenosha and condemn the riots. Both of these things cannot be said simultaneously. Rittenhouse should have been at home, and the riots must not have taken place.
Unfortunately, when you’re dealing with people motivated purely by partisan politics, they are unable – or unwilling – to look at an issue objectively.
I’m with Jeff Charles – this is purely partisan and it’s no wonder we can’t have any productive conversations when some people are so blindly sold out to a single narrative.
Contributing editor BonchieExpresses surprise at Kyle Rittenhouse’s testimony at his own trial. However, the prosecution could make the situation worse if they push too hard for the defendant who is vulnerable.
The judge ordered Rittenhouse to recess after Rittenhouse fell apart. We are currently waiting for the verdict of the prosecution. Given how terrible their case has been so far, you can bet they are going to press this last opportunity as hard as they can. If Rittenhouse is not more sympathetic, this could prove to be a backfire.
Bonchie says what I’ve been thinking. Clearly this kid has been deeply affected by the experience – as you would expect someone in this situation to be. He’s not a cold-blooded killer. He’s a boy who got in way over his head and found himself face-to-face with danger.
Regardless, I think it’s clear that 1) the evidence supports the claim of self-defense and 2) that Rittenhouse is not some vicious white supremacist who showed up to murder people. He clearly was traumatized by what happened, but he didn’t intend to murder anyone as he drove from Kenosha 20 minutes that night.
Whether he “should not have been there,” a common refrain from his detractors, is irrelevant. It is not right to send people to prison to learn non-criminal lesson, nor should that apply to any other situation. RedState will provide an update as soon as possible on the story as it develops.
5. And last, another wonderful observation by Sistah Telljah, pointing out serial jerker Jeffrey Toobin’s jerky observations about Rittenhouse.
Regardless, Toobin is still out there sharing his thoughts on the case (and thankfully nothing more than that), posting this tweet last night wondering “what the verdict would be” in the Rittenhouse trial if the defendant were black.
Sis however has an idea.
To start with, CNN’s legal analysts and commentators, Toobin would urge people to consider all of the evidence and listen before making any judgments.
This is exactly the opposite of what CNN types like Toobin and fellow legal analysts like high-profile South Carolina Democrat attorney Bakari Sellers, also a former state co-chair for Kamala Harris’ failed presidential campaign, are doing. Sellers mocked Rittenhouse for his tears during Rittenhouse’s testimony earlier in the week. tweeting that “He went with the ugly cry to win this Oscar. Gives me Tropic Thunder vibes.” This from a man who describes himself as a proponent of “criminal justice reform.” Think about it.
They are also the ones who get confused when someone says babies originate from women.
Sadly, as we’ve seen with many liberals whether they are legal analysts or not, Rittenhouse’s race has indeed impacted their judgment of this case to their discredit, suggesting that racism is the motivation for some believing the way they do about Rittenhouse. That’s the elephant in the room that no one wants to discuss, but it’s there nevertheless and I have no qualms about calling it out.
This is something I agree with. I also implore conservatives to understand that complaints about the criminal justice system and bias from prosecutors aren’t always grievances. There are many prosecutors who have their own agendas. They are also often assisted by bias media. We might all need to take these complaints more seriously.
Not Toobin’s, of course. He’s gross.
This concludes the week’s list. I’m sure my voice will be back next week and we’ll get back to the regular podcast. We appreciate your patience.
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