Fog in Kenosha

Aug 27

Violent riots escalated quicky in Kenosha, Wisconsin, after the police shooting of Jacob Blake. . On Wednesday, 17-year-old Kyle Rittenhouse was charged with first-degree homicide for the shooting deaths of two people in Kenosha on Tuesday evening. Sarah and David break down what we know and don’t know about the Jacob Blake shooting on today’s episode of Advisory Opinions and talk through the legality of vigilante justice during times of unrest. “These really traumatic events are playing out in front of all of us,” David says on today’s episode. In one sense they’re playing out in a way that’s quite transparent because you can see the actual shootings on tape. “But there’s still a disturbing amount of fog around all of the incidents,” he adds. As Sarah explains, “We’re never talking about black and white cases but then everyone treats them like they’re black and white cases.” From a legal standpoint, law enforcement officials will have to fill in those gaps before they can render a clear legal judgment in all of these shootings. Sarah and David also take a walk down memory lane by revisiting Bush v. Gore, while also diving into the recent TikTok lawsuit and a fun conversation about our podcast hosts’ favorite parts of adulthood.

Show Notes:

-Video of Jacob Blake shooting, Bush v. Gore.

Victor ClairmontAug 27

I am happy about the legally wonkery on the Kenosha shootings but....

Nobody involved with the militia probably cares if the law says you cannot protect someone else's property. If the militia/civilians are coming out, it is because there has been a systemic failure across the nation for months to address rioting and looting. Yes, it will matter for this kid now that has first degree charges against him, but this will not curtail other instances of this happening if this situation is not put under control.

Also, I have to chalk it up to perhaps the fact that to make a podcast, when you guys did it there wasn't as much available video evidence, since David only talked about the second shooting's video. Which, I would encourage you if you have watched the George Floyd shooting, to watch this one to show you exactly how disastrous death happens when people with actual guns come to a fight against rioters.

And why you do not try to attack someone with a gun if you can help it.

We know have video of the first shooting, where one clearly see's the 17 year old shooter being chased and attacked, before his first victim is killed. This, however, does not provide what happened before, but it does lead to more puzzles being put together.

Second, and I disagree in love with David on this point, of course no one will condemn this shooter. The comparison to Antifa which has been in Portland for 3 years, and this year alone has been a massive headache, with rioting, looting, and violence is not the same thing as a 17 year old vigilante ( wrongly) going to try and defend others property. Antifa is wrecking property and hurting lives, this kid (wrongly) was trying to protect property and now has taken life. Now, I personally condemn the need for the militia to move in, but I would be lying if I did not say I was not sympathetic to civilians moving in to defend property, even if it's not theirs, if they perceive the state government not doing it.

Remember, we have video evidence of the shooters motives, him trying to help rioters, before the multiple shootings. This is all going to be put under the microscope for 1st degree murder charges.

And, as you rightly point out at the start of the podcast, it is not shocking this has happened. To my wonderful liberal friends, for someone like me (in the middle), I am shocked it has taken this long to happen. There is only so long, in a country with 450 million guns, that you can keep harassing, sieging, and destroying peoples property (we have also death counts from the riots across the land) before something snaps.

Also, we now know that the one individual that was shot and almost lost his arm (literally had a 3 inch wide gap in his arm from the bullet) by the 17 year old shooter will recover and has been treated and will not lose his arm.

However, to show you how toxic the situation is, reportedly the victim says he regrets not being able to kill the teen (shooter):

https://twitter.com/MrAndyNgo/status/1299086141329563648/photo/2

Pray, this catastrophe does not continue and this is the last of it.

But 2020 has been such a black year, I have a bad feeling this isn't the end of it.