April 14, 2020
(This post will remain on top for a long while.)
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Tim, Dana, Jack and the Aviary team.
June 04, 2020
Recently the charges against killer cop Derek Chauvin were upgraded from third to second degree murder, and his fellow officers - Thomas Lane, Tou Thao and J Alexander Kueng - were also charged. (Do note that Keung and Thao are not caucasion so cannot be accused of "white supremacy" in this case. Lane is white, a former juvenile detention officer.)
Chauvin had originally been charged with third degree murder and second degree manslaughter.
His fellow officers were charged with aiding and abetting second-degree murder while committing a felony, and with aiding and abetting second-degree manslaughter with culpable negligence. These are both considered "unintentional" but they are felonies.
On the latter I concur. On the former I do not.
First, second degree murder is characterized as follows in Minnesota law:
Someone found guilty faces a prison sentence of no more than 40 years.The question is, can this be proven in a court of law? An unbiased jury may be hard-pressed to convict for murder in the second precisely because these officers were not engaged in a felony; they were attempting to subdue a prisoner. This is a bit murky here, as one must ask at what point a legal arrest and attempt to subdue becomes felonious. The knee on the neck is most certainly excessive and it can well be argued as felonious assault, but the defense will be able to make the case that it was misjudgment and not definable as a felony.
They wouldn't have had that problem had they stuck with third degree. But third degree has lesser penalties; no more than 25 years or a fine of no more than $40,000, or both. The pressure to upgrade was strong, but it may have cost them their case.
In Minnesota (one of only three states to have murder in the third) you also have to have "an eminently dangerous act committed with a depraved mind and without regard for human life." That clearly fits better than murder 2 which requires intent (though no pre-planning.)
Chauvin is also being charged with second degree manslaughter. The findlaw article defines the difference between that and the murder charge as:
I'm not sure how you can charge second degree murder - which says there is malice aforethought - with second degree manslaughter which says there is not. It's a shotgun approach; throw charges up and see which sticks.
That's not how American law is SUPPOSED to work, but too often these days it's how it is done.
At any rate, I don't think you can prove an intent in this.
As for his fellow officers, they stood idly by and did nothing while George Floyd was killed. I don't think there is any question that they fall into the "aiding and abetting' category, and as such should be prosecuted. You can be charged with murder if you are involved in a felony where someone dies, so they are fortunate to not be charged with more. But again, I don't know how you charge them with both when those charges are contradictory. Chauvin either committed manslaughter or second degree murder. You cannot both intend and not intend to kill someone.
A few more points. In 2016 the Minneapolis Police Department amended their regulations to require officers to intervene and report misconduct and excessive force. The attending officers did not do that (of course they were fired for that negligence, as they should have been.)
Officer Tou Thao was sued for beating up a man who was walking down the street with his pregnant girlfriend. His record isn't as bad as Chauvins, but he was no choir boy.
Mr. Floyd tested positive for COVID 19! This will muddy the waters in the case for murder 2 as the coronavirus causes lung inflammation and breathing problems. The defense will use this. They will argue his death was caused by the virus, and that he should have been in quarantine.
According to the ABC News article:
The Hennepin Medical Examiner's office released the full 20-page autopsy of George Floyd and revealed that he had previously tested positive for COVID-19, but was likely asymptomatic when he died in late May.
The report said he initially tested positive for COVID-19 back on April 3. A post mortem nasal test was performed on Floyd on May 26, one day after his death, and it came back positive for 2019-nCoV RNA.
"Since PCR positivity for 2019-nCoV RNA can persist for weeks after the onset and resolution of clinical disease, the autopsy result most likely reflects asymptomatic but persistent PCR positivity from previous infection," the report said.
Floyd's death, first released earlier this week, was listed as "cardiopulmonary arrest complicating law enforcement subdual, restraint, and neck compression" with hypertensive heart disease, fentanyl intoxication and methamphetamine listed as additional conditions.
Another question; are the authorities going to try everyone together or seperately? That could make a big difference to how this plays out.
It's going to be terribly difficult to find an impartial jury. It's going to be equally difficult to follow the law when rioting and looting are likely to break out of the jury finds for the defendant.
This is a very bad thing all around and it will only get worse.
June 03, 2020
Trump sets up a riot command center.
US military establishing ‘central command center’ to oversee riot responses
This is a dangerous thing; it overturns posse comitatus, a policy which has served America well over the last 100 years. But I fear the military must be activated, at least in Washington. You cannot have rioters storming the White House.
Frankly, they should have called Apache helicopters in with hellfire missiles. These rioters got off easy.
We live in interesting times.
It is, and that must change. Police have jobs requiring great responsibility and they should be treated more like doctors than civil servants. Right now it's like postal workers are being given guns and sent out. There need to be regular reviews of the conduct of police. These are people with the power of life or death over the citizens.
It's Nearly Impossible to Fire a Police Officer: Here's Why
Maybe Cuomo can send in the National Guard and force nursing homes to take more COVID patients?
Cuomo slams de Blasio's handling of riots, claims he has power to ‘displace’ mayor but not ‘at that point’
As if they haven't done enough damage to New York through virus and quarantine, now the rioters/looters are forcing the recently-opened businesses to fail.
Iconic Midtown Sports Bar Foleys NY is Closing Down
Hat tip; Steven Kipp
This from one of the brightest men of the late nineteenth/early twentieth centuries. Booker T. Washington's 1911 book My Larger Education makes a very salient point. Very appropriate for riot season. So many in the black grievance industry are crying for blood not justice, and there is a reason for that.
A story told me by a coloured man in South Carolina will illustrate how people sometimes get into situations where they do not like to part with their grievances. In a certain community there was a coloured doctor of the old school, who knew little about modern ideas of medicine, but who in some way had gained the confidence of the people and had made considerable money by his own peculiar methods of treatment. In this community there was an old lady who happened to be pretty well provided with this world’s goods and who thought that she had a cancer. For twenty years she had enjoyed the luxury of having this old doctor treat her for that cancer. As the old doctor became — thanks to the cancer and to other practice — pretty well-to-do, he decided to send one of his boys to a medical college. After graduating from the medical school, the young man returned home, and his father took a vacation. During this time the old lady who was afflicted with the "cancer” called in the young man, who treated her; within a few weeks the cancer (or what was supposed to be the cancer) disappeared, and the old lady declared herself well.
When the father of the boy returned and found the patient on her feet and perfectly well, he was outraged. He called the young man before him and said: "My son, I find that you have cured that cancer case of mine. Now, son, let me tell you something. I educated you on that cancer. I put you through high school, through college, and finally through the medical school on that cancer. And now you, with your new ideas of practicing medicine, have come here and cured that cancer. Let me tell you, son, you have started all wrong. How do you expect to make a living practicing medicine in that way?”
I am afraid that there is a certain class of race problem solvers who don’t want the patient to get well, because as long as the disease holds out they have not only an easy means of making a living, but also an easy medium through which to make themselves prominent before the public.If you doubt the George Floyd riots are political, you should only look at the lawyer hired by the Floyd family. That is one Benjamin Crump, who represented the family of Trayvon Martin and Michael Brown. He's exactly the kind of man Washington was speaking about, a race pimp who thrives off the illness of the black patient.
And that Antifa and Black Lives Matter are out in force only buttress the case.
Black people die every day from black on black crime but there is no mention by these same individuals. For that matter, blacks are killed by black police and that is usually ignored. This instance has become so important because of the tape of it (which is very disturbing) but also because of the political ambitions involved. And so many people are now so aggrieved over this they demand mob vengeance rather than the justice of the Law. Riots broke out before the coroners report came out.
If you want justice work for peace. No peace=no justice.
That's because justice requires a careful examination of details and the sober application of applicable laws. That is not what is being demanded. In fact, these rioters are more like a lynch mob, insisting on their own vigilante' vision of justice. Sauce for different edible birds; you cannot expect justice if you won't give it.
But the point here is not that the protesters (the peaceful ones, who have every right to protest) are bad guys so much as that there are people organizing them, and they fall into two categories. The first is the white liberal revolutionary, and the second is the "black doctor" of Washington's little story. The fact is there are quite a few political types who are going to benefit from the anger this and other such incidents engender. The Democratic Party stands to gain big, for instance. They have never wanted to end black grievance precisely because it keeps the black community on the plantation. And it really benefits people like Crump, or Al Sharpton (who staged a rape story of a black girl by well known white men - including a District Attorney - precisely to gin up this kind of rage.)
And what of the multiple cases of hate crime hoaxes? Research suggests that one in three reported hate crimes are hoaxes. Why do that if you really ARE being so badly mistreated as a community?
Because there are those "doctors" who can't afford to let African Americans feel like they are getting a fair shake. Anger and grievance must be kept alive. If it requires a fib or two that is a small price to pay.
Do not think I am saying there are no hate crimes, or that this particular incident was somehow fake or acceptable. Neither statement is true. But what IS true is that it is being used by race hustlers for their own ends.
The issue of race in this country will never be resolved until this state of affairs ends. African Americans will never be satisfied, because they will always see a Klansman behind every incident, every sleight, every time they don't get a job or are denied for an apartment or whatnot. Even if they take it in stride they will still suspect bias. And the core of modern black culture is the sense of being oppressed; it's the cornerstone of the sense of "blackness", one that many are loathe to move beyond because then who are they? It's a defining thing for many. Lose that and you become just another person.
This isn't true just of the black community; the modern umbrella of Progressive thought has multiple groups each with it's own sense of grievance. It's the root of America's mental disorder. There are far too many chips on far too many shoulders. When everyone shakes we are all going to wind up with broken feet.
So there are a lot of internal forces driving the current rioting. This has moved past a demand for justice a while ago.
But, hey! It's a living!
June 02, 2020
Again and again, the death of anyone — especially in the manner of George Floyd’s death — is awful. The autopsy confirms asphyxiation BUT — we now know this from ABC News:
significant conditions” it said Floyd suffered from heart disease and
hypertension, and listed fentanyl intoxication and recent
George Floyd was a big man and if he was under the use of amphetamines, especially laced with Fentanyl, well, I can see a pretty difficult man to take down.Medical Examiner: Floyd's Heart Stopped While Restrained
Bear in mind the Floyd family hired this guy to come up with a finding of murder, in contradiction to the original autopsy.
And their lawyer is the Benjamin Crump, who has had his hand in almost every police shooting for decades. He's a professional at this. Why did the Floyd family hire him?
I don't trust an autopsy performed at the behest of Mr. Crump.
I fear we will never know the truth about this.
Joe Bastardi directs us to this graph. This is the Imperial College model. Point A was the prediction using no lockdown. Point B was the prediction using a lockdown. Point C is the actual conditions with no lockdown.
LOTS of puzzling Questions about the Floyd Incident:
1. Why does one photo from behind show the man on the road is not handcuffed and the video from the front that he is handcuffed?
2. Why is the cop car in the restaurant surveillance video different than the one Floyd was lying behind (different car numbers)?
3. Why were the cops in the surveillance footage that arrested him different than the police in the actual incident?
4. Why does the video show the diesel fuel price as 99 cents instead of the regular price in the area of $2.49?
5. Why does the Police Car have a non-Municipal license plate with "Police" on it?
6. Why does Derek have a completely different police badge on top of a second police badge matching his partner's if they work for the same precinct?
7. Why is it not odd that both Officers Tou Thao and Derek Chauvin have both previously been investigated for excessive use of force and not charged by State AG Amy Klobuchar?
Additionally, Officer Derek Chauvin is married to his partner's sister Kelli.
8. Is there any cop dumb enough to continue kneeling on someone’s neck for 8 minutes when surrounded by people and being video recorded?
9. Is it possible for the deceased’s cousins and fiancé to be completely tearless during interviews?
10. Why does the main cop have one hand in his pocket most of the time he’s kneeling?
11. Why did the kneeling officer appear completely cool and calm, as if he was posing for the camera?
12. Doesn’t it seem strange that Floyd and the officer that kneeled on his neck worked security together on the same shift at the El Nuevo Rodeo Club, the officer for 17 years (both were laid off because of the Covid Virus)?
13. Why do the neighbors of this officer say they didn’t know he was a cop and never saw him in uniform?
14. Why has the same attorney been hired as with all the other big supposed police killings of blacks? Attorney Benjamin Crump. The same attorney that worked on previous cases that resulted in busses bringing in rioters from outside the city?
15. Why does store surveillance video show Floyd calmly and submissively walking with the officer and not resisting arrest while the officer gently allowed him to sit down on the side walk, and multiple officers calmly chatting with him? Is this the kind of suspect that a police officer would feel the need to put on the ground and place his knee on his neck.
16. Why did the EMT workers (wearing Police Uniforms including bullet proof vests) roughly handle and dump the unconscious George on the stretcher? This is not how trained emergency workers lift a person with a possible neck injury. Why did they not attempt triage or try CPR?
17. Can someone really not breath when someone kneels on his neck and is the victim really able to speak for considerable periods of time if he can’t breathe?
18. Post killing: Why is a white man that looks like an undercover (St Paul) cop in black and a riot gear mask carrying a black umbrella walking around breaking windows (and others dressed similarly starting fires) and instigating a riot? Is this reminiscent of "umbrella man” during the JFK shooting?
19. Why were almost all the rioters leading the destruction of the neighborhood at the beginning of the riots "white” and not from Minneapolis... in a black neighborhood after a police killed a black man?
20. Why did the Chief of Police make it a point that those Inciting the Riots and Arsonists were not from Minnesota?
21. Why was a CNN News Crew not only detained but also Arrested?
What did I miss?
All of these are facts. You can research it yourself. 👌
E. Calvin Beisner asks:
What do you think? Should we be increasing, or decreasing, the use of the military internally against citizens?
Given that the "protesters" tried to storm the White House and fifty secret service agents were injured, I would say we don't have rioters on our hands but rather an insurrection. This is revolution, not protest. They jammed the Chicago P.D. radios to stop the cops from organizing against them, for instance. THAT is pretty sophisticated and not at all what an organic protest would do. The National Guard are nothing but weekend warriors; it would be useless to try to stop this with those guys, especially since the rules of engagement will prevent the Guard from taking strong action. I fear our only option is the military. In fact, we need to bring in the special forces guys who dealt with urban terrorists in Baghdad and Kabul. Oh, this is in some ways what these creeps want; get the U.S. government to shoot a few of them and thus make martyrs. But the campus protests stopped after the Kent State shooting; most of the people involved are NOT soldiers but punks who think they can get away with this. But when push comes to shave action is going to have to be taken. You absolutely cannot allow attacks on the White House or other such institutions. One of the things that sealed Al Capone's fate was when he took the Chicago police headquarters. The authorities realized they had to take him down. Antifa thugs seized the Ferguson police department the other day. That CANNOT be allowed! It only encourages more such acts. And we cannot negotiate out of this; it is the equivalent of negotiating with terrorists. This has to be punished, firmly, and switfly. I fear only the military can accomplish this. We need a declaration of a state of emergency and we need to use the expertise in terrorist fighting the military possesses.
Just one pallet of bricks is going to cost a few hundred dollars and weight around 1,000 Kilograms, 2,200 lbs or over 1 Ton. Who has the resources to purchase, transport, and place these heavy pallets of bricks for seemingly no reason in urban areas around the country?
The Funniest Dressing Down You'll See All Day; Woman "Giving Back" Handing Out Bricks
More proof these aren't riots so much as a planned revolution.
We need to bring in the military counter-terrori
Rioters in Chicago Jammed Police Radio Bands to Prevent Organized Response
According to CBS 2 in Chicago, someone pushed outthe department’s radio frequencies on social media giving rioters the tools to jam the bands. Then, when officers tried to use their radios, all they could hear was music overriding their ability to communicate with each other.
CBS 2 also noted that the exodus of officers over the last few years had deprived the Chicago Police Department (CPD) of the "institutional knowledge” about how to organize and respond to significant events in the Windy City.
Older police action plans with details on how to respond to such events went by the wayside, and the CPD was caught flatfooted.
CBS also noted that the coronavirus was a source of interference for the department.
Officers had already been worn down from constant overtime as Mayor Lori Lightfoot (D) has deployed the CPD as her special COVID-19 scold force and distributed them to prevent people from using the walking paths on the lakefront, to shut down churches, and to put on anti-party patrols in the neighborhoods.
Here in St. Louis the media is now using the term "agitators" rather than rioters. It's like when they started calling terrorists "militants".
Confucious say "if you want to renew a nation you must first true the language". The Left is forever trying to distort the language.
NBC Today Anchor and MSNBC Host Tweets Directive to Use "Protests" Rather than "Riots" in Reporting
There was a conversation on Jennifer Marohasy's Facebook page I thought worth reproducing here.
U.S. Burns but We Just Turn Away
"Many Australians watching the US riots on the evening news may be surprised to learn that we imprison indigenous Australians at more than double the rate that African-America
"The imprisonment rate of indigenous Australians has grown markedly since the Royal Commission into Aboriginal Deaths in Custody a quarter of a century ago recommended that indigenous people should be sent to prison as a last resort.
"The grossly disproportionat
Steve Brown replied:
Good. There needs to be a third one done by a disinterested party to determine which is more accurate. It's absolutely vital so the authorities can know how to charge Chauvin. It would still be very difficult to charge him with first degree murder as you would have to prove premeditation.That is why everyone needed to calm down and let the Law proceed.
Asphyxia Caused George Loyd's Death, Private Autopsy Finds
June 01, 2020
People Shot to Death by Race 2020
Premise 1 - Crime victims may get the identity wrong of the person who committed the crime against them, they are unlikely to misidentify the race. A little old lady mugged by a white guy in a mullet is not likely to tell the cops it was a black guy in dreads...
Premise 2 - If Whites and Blacks committed crimes in proportion to their population, then police shootings should also be roughly proportional to population.
Premise 3 - Black criminality is disproportionat
I have no definitive answer for WHY black criminality is disproportionat
A black violent criminal had a .0011% chance of being shot (I am using a police shooting as a proxy for encounters with police that end in violence). A white violent criminal has a .0013% chance - slightly better than the black criminal.
For this reason, I am not seeing evidence of a systemic police bias against blacks.
What we are ALWAYS going to have is police misconduct from time to time. We very well could use better training, better screening and appropriate accountability,
Here is an NIH study offered to refute my premise.
Victims were majority white (52%) but disproportionat
Death by cop: Blacks 32% and Whites 52%.
Violent crime arrests: Black 38% Whites 58%
I see that both groups are hurt or killed in excess of 6% of their arrests (which I am using as a proxy for police contact that I presume is due to criminal activity, not random harassment).
While this shows that a black man is slightly more likely to get clobbered by the cops, the difference is .07% which strikes me as a number that would fall well within a margin of error.
I do not think it demonstrates that Blacks are subject to any particular bias...but I may be doing the math wrong.
George Floyd's brother calls for an end to the violence and looting.
Here is the money quote:
I don't mean to disparage Terrence Floyd or his brother, the victim, but where did we hear the term "gentle giant" before?
But God bless him; for blessed are the peacemakers!
The revolutionaries of Antifa are damned and determined to destroy the city of Ferguson, to erase it from the map.
In last night's rioting they hit the Ferguson brewery breaking out windows and pretty much trashing the place. (What did Joe Lonero, founder of the brewery and the prominent Ferguson resident ever do to Antifa?) For that matter, how does an "impoverished hellhole" as the media portrays Ferguson have a microbrewery at all? (It's a good one, too!)
I know Joe Lonero personally; he's a good guy who loves all people. He didn't deserve this.
Here is the important point:
Not content with their Carry Nation attack they then went on to launch an assault on the Ferguson police station, forcing the cops to evacuate!
(Does anyone remember that when Al Capone did the same thing it was his undoing? After that there was no quarter on Capone.)
From the Belleville News Democrat:
The protest, which began about 6 p.m., was mostly peaceful — at one point before nightfall, several officers joined protesters in taking a knee — until about 10 p.m.
Eventually, protesters used baseball bats to smash the police station glass doors and lobbed volleys of fireworks toward police in the parking lot and into the police station. Police eventually fired pepper spray and smoke grenades toward protesters.
The standoff continued for several hours as protesters threw rocks, broke windows and spray-painted anti-police graffiti. Fires were set in the street and inside at least one store, according to a Post-Dispatch reporter who witnessed it. Looters carried armfuls of merchandise out of the Beauty World store on South Florissant Road.Beauty World is minority owned. That'll teach those racist cops!
Missouri Governor Mike Parsons poked his head out of his hole long enough to declare a state of emergency. But this never should have happened; the authorities should have been prepared for a riot from the beginning.
The protesters also blocked Interstate 70. No doubt they would be surprised and enraged if they were to get hit by a motorist.
At any rate, this is clearly being ginned up by outside forces to serve a purpose. And it is hurting innocent people. And it must be stopped.
Napoleon once said when confronted by an unruly mob "give them a whiff of the grape!" He understood that most "protesters" would fold if there was a chance they would lose their lives. (Grape shot was a common thing, a bunch of cut-up horseshoes and nails and other debris loaded into cannons.) We don't want it to come to that. But if this continues there may be no choice. A whiff of the Grape may be inevitable. You cannot have rioters seizing police stations and looting whole cities.
What has always made America unique is an adherence to the Rule of Law. But now we have some in this country (and you know who you are) who want mob justice, vigilantism. Oh, you don't want it applied to you or yours; you are happy to seek the protection of the Law in your cases. But you want to be able to flip the bird to the Law when you get your ire up. As such that makes you little more than pirates. Pirates are called "Enemies of All Mankind" (Hostis humani generis) by international accord. Antifa and the rest of these rioting thugs are Hostis humani generis. They have decided to live outside of the law, preying on the weak and innocent. They want revolution and chaos.
And, like pirates, or the Mafia, the only way to effectively deal with them is to give them a whiff of the grape, at least metaphorically. The people funding and organizing these groups must be hunted down and dealt with via RICO statutes. This is like a not-for-profit organized crime racket.
It's going to get a lot worse as we move closer to the election. Don't be deceived, the size and scope of this shows it is not about race relations so much as it is political. The Demo-left is desperate to win power at any cost. If it means burning down cities to do so they will not shrink.
Notice how Joe Biden's comments about blackness have vanished? Notice how this is perhaps the one thing that will drive a wedge between Trump and a growing black support base? If a sizeable minority of black voters would turn to Trump it would be over. So now we have a death and nation-wide rioting and looting. Coincidence?
Not all, surely, of the people protesting are professionals, and yes a terrible thing did happen to George Floyd. Yes, there should be punishment for it. But there was not the slightest effort to work within the system. And the same people calling for blood pretty much shrugged when the same police department murdered a white woman. Hypocrisy? Sure. But the speed with which this thing organized tells me that there are wealthy, powerful forces at work. This definitely is a political operation on a massive scale. People don't organize nationwide this quickly.
And if some police feel frightened enough then a whiff of the grape may seem necessary to them. Then America explodes.
Is that what you really want, all my liberals friends?
Rioting and looting are worst in the Blue states where guns are not welcome.
Thomas Paine explains why:
"The supposed quietude of a good man allures the ruffian; while on the other hand, arms, like law, discourage and keep the invader and the plunderer in awe, and preserve order in the world as well as property.The balance ofpoweris the scale ofpeace. The same balance would be preserved were all the world destitute of arms, for all would be alike; but since some will not, others dare not lay them aside. And while a single nation refuses to lay them down, it is proper that all should keep them up.Horrid mischief would ensue were one-half the world deprived of the use of them;for while avarice and ambition have a place in the heart of man, the weak will become a prey to the strong. The history of every age and nation establishes these truths, and facts need but little arguments when they prove themselves."
- Thomas Paine,"Thoughts on Defensive War" in Pennsylvania Magazine, July 1775
Stop treating the riots like the actions of fellow countrymen in a morality play to be reasoned with. You are watching the final stages of a psychological warfare operation undertaken by occupying enemies, activated to incite race war and insurgency as a backdrop for regime change by force in America. An Arab Spring-Ukraine style revolution to remove Donald Trump. The desperate, monied plot of Globalists and Tech Oligarchs meant to remove the last impediment to one world government …. and greater profitability.
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