Can you just say it? You think the son did the wrong thing here and that is your official position?
“Wrong”
My official, if I held an office, position would be that when the wrong involved is trespassing while in possession of but not using a gun, personal loyalty would out weigh some perceived loyalty to the state. You are not talking about a case where someone was harmed or where there was a further risk. That is where you might get into some dilemma.
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You realize that is all predicated on the voluntary desire not to testify. Meaning spousal privilege means the government can’t force testimony.
That does not prevent voluntary testimony.
WW
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Was the child a minor or an adult? If…he was a minor, I would tend to think he should be off limits in a case such as this.
Minor or adult children should be able to report a parent for threatening to kill them.
WW
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Indeed it has…just not like you think it has.
Given that Democrats have attempted to disrupt and stall official proceedings via protest in the Capitol and other federal buildings many times without being hailed before the courts, it seems partisan political spite for Democrats to be prosecuting to the letter of the law people carrying out similar political protests to delay and disrupt procedures.
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He did not threaten to kill his son. He told him what the penalty for treason is. There is no reason to assume he intended to behave as judge, jury and executioner and deny his son a legal defense against any potential treason charge.
He potentially faces:
Count 1: 5 years
Count 2: 20 years
Count 3: 10 years
Count 4: 5 years
Count 5: 20 years
Potentially 60 years.
Sentencing guidelines will probably bring the max down to closer to 20 years.
I would estimate 15 to 20 years if convicted on all charges.
Here are the 5 pending counts (portion in bold applicable to the suspect):
Count 1:
§231. Civil disorders
(a)(1) Whoever teaches or demonstrates to any other person the use, application, or making of any firearm or explosive or incendiary device, or technique capable of causing injury or death to persons, knowing or having reason to know or intending that the same will be unlawfully employed for use in, or in furtherance of, a civil disorder which may in any way or degree obstruct, delay, or adversely affect commerce or the movement of any article or commodity in commerce or the conduct or performance of any federally protected function; or
(2) Whoever transports or manufactures for transportation in commerce any firearm, or explosive or incendiary device, knowing or having reason to know or intending that the same will be used unlawfully in furtherance of a civil disorder; or
Shall be fined under this title or imprisoned not more than five years, or both.
Count 2:
§1512. Tampering with a witness, victim, or an informant
(c) Whoever corruptly-
(2) otherwise obstructs, influences, or impedes any official proceeding, or attempts to do so,
shall be fined under this title or imprisoned not more than 20 years, or both.
Count 3:
§1752. Restricted building or grounds
(a) Whoever-
(1) knowingly enters or remains in any restricted building or grounds without lawful authority to do so;
(b) The punishment for a violation of subsection (a) is-
(1) a fine under this title or imprisonment for not more than 10 years, or both, if-
(A) the person, during and in relation to the offense, uses or carries a deadly or dangerous weapon or firearm;
Count 4:
§231. Civil disorders
(a)(1) Whoever teaches or demonstrates to any other person the use, application, or making of any firearm or explosive or incendiary device, or technique capable of causing injury or death to persons, knowing or having reason to know or intending that the same will be unlawfully employed for use in, or in furtherance of, a civil disorder which may in any way or degree obstruct, delay, or adversely affect commerce or the movement of any article or commodity in commerce or the conduct or performance of any federally protected function; or
(2) Whoever transports or manufactures for transportation in commerce any firearm, or explosive or incendiary device, knowing or having reason to know or intending that the same will be used unlawfully in furtherance of a civil disorder; or
(3) Whoever commits or attempts to commit any act to obstruct, impede, or interfere with any fireman or law enforcement officer lawfully engaged in the lawful performance of his official duties incident to and during the commission of a civil disorder which in any way or degree obstructs, delays, or adversely affects commerce or the movement of any article or commodity in commerce or the conduct or performance of any federally protected function-
Shall be fined under this title or imprisoned not more than five years, or both.
Count 5:
§1512. Tampering with a witness, victim, or an informant
(a)(1) Whoever kills or attempts to kill another person, with intent to-
(A) prevent the attendance or testimony of any person in an official proceeding;
(B) prevent the production of a record, document, or other object, in an official proceeding; or
(C) prevent the communication by any person to a law enforcement officer or judge of the United States of information relating to the commission or possible commission of a Federal offense or a violation of conditions of probation, parole, or release pending judicial proceedings;
shall be punished as provided in paragraph (3).
(2) Whoever uses physical force or the threat of physical force against any person, or attempts to do so, with intent to-
(A) influence, delay, or prevent the testimony of any person in an official proceeding;
(B) cause or induce any person to-
(i) withhold testimony, or withhold a record, document, or other object, from an official proceeding;
(ii) alter, destroy, mutilate, or conceal an object with intent to impair the integrity or availability of the object for use in an official proceeding;
(iii) evade legal process summoning that person to appear as a witness, or to produce a record, document, or other object, in an official proceeding; or
(iv) be absent from an official proceeding to which that person has been summoned by legal process; or
(C) hinder, delay, or prevent the communication to a law enforcement officer or judge of the United States of information relating to the commission or possible commission of a Federal offense or a violation of conditions of probation, supervised release, parole, or release pending judicial proceedings;
shall be punished as provided in paragraph (3).
(3) The punishment for an offense under this subsection is-
(A) in the case of a killing, the punishment provided in sections 1111 and 1112;
(B) in the case of-
(i) an attempt to murder; or
(ii) the use or attempted use of physical force against any person;
imprisonment for not more than 30 years; and
(C) in the case of the threat of use of physical force against any person, imprisonment for not more than 20 years.
That isn’t what happened but…feel free to carry on with what you’re pretending happened.
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He was charged with obstruction of justice for threatening his kids to get them not to turn him in.
He was tried for obstruction of justice for threatening his kids to get them not to turn him in.
He was convicted of obstruction of justice for threatening his kids to get them not to turn him in.
.
.
.
I’m not pretending.
WW
GUILTY ON ALL COUNTS!!!
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I bet a lot of other defendants who previously chose to go to trial might be having second thoughts.
K…
Just wondering, how many calls to their lawyers are currently in work?
WW
Or vice versa.
Any competent attorney should be strongly advising their client to change their plea, particularly given the jury convicted after only 3 hours of deliberations.
I feel bad for this man who had to test the murky legal waters, but his result will help his fellow patriots make safer decisions regarding their futures.
Just kidding, don’t care.
Wish there was some way to have hidden the verdict so the rest of the morons would keep their not guilty pleas.
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Without the benefit of reading the court transcript: Even if he was 100% accurate in quoting the threat, it would be pretty easy to impeach under cross. All the defense has to ask is “Did you take him seriously?” And if so “Why did you ignore the threat and turn him in?” That’s a lot more effective than putting the defendant on the stand to say “Yeah, I threatened him, but I didn’t mean it.” Parents making idle threats to their kids isn’t exactly unheard of … there is a good chance some of the jurors have done so.
