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Justified shooting or fair game? Shooter of Ashli Babbitt makes shocking admission
The Hill ^ | 08/28/21 | JONATHAN TURLEY

Posted on 08/28/2021 1:53:07 PM PDT by Robwin

At the time, some of us familiar with the rules governing police use of force raised concerns over the shooting. Those concerns were heightened by the DOJ’s bizarre review and report, which stated the governing standards but then seemed to brush them aside to clear Byrd.

The DOJ report did not read like any post-shooting review I have read as a criminal defense attorney or law professor. The DOJ statement notably does not say that the shooting was clearly justified. Instead, it stressed that “prosecutors would have to prove not only that the officer used force that was constitutionally unreasonable, but that the officer did so ‘willfully.’” It seemed simply to shrug and say that the DOJ did not believe it could prove “a bad purpose to disregard the law” and that “evidence that an officer acted out of fear, mistake, panic, misperception, negligence, or even poor judgment cannot establish the high level of intent.”

(Excerpt) Read more at thehill.com ...


TOPICS: Miscellaneous
KEYWORDS: ashlibabbitt; babbitt; banglist; capitol; capitolriot; doj; jan6th; jonathanturley; murder; murderer; murderofashlibabbitt
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Despite the somewhat provocative headline, this is a good analysis of the Babbitt killing and the subsequent exoneration of Lt. Byrd by law professor Jonathan Turley. Worth a read.
1 posted on 08/28/2021 1:53:07 PM PDT by Robwin
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To: Robwin

black kills White Trump supporter. I’m surprised he wasn’t awarded the congressional medal of honor and invited to the White House for a state dinner.


2 posted on 08/28/2021 1:55:09 PM PDT by I want the USA back (Trump: Make America Great Again. biden: Make Taliban Great Again. (Click on my user name))
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To: Robwin

Hopefully he go’s through life always looking ahead and behind always looking for trouble. If he’s lucky he just may find it.


3 posted on 08/28/2021 1:56:31 PM PDT by puppypusher (The world is going to the dogs.)
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To: Robwin

Nope. Just substitute a black woman for the white one that was killed and a white cop for the black one that killed her…..and you have a whole rat 💩different kind justice.


4 posted on 08/28/2021 1:56:53 PM PDT by Lopeover (Biden & Harris are illegitimate.)
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To: I want the USA back

>>black kills White Trump supporter. I’m surprised he wasn’t awarded the congressional medal of honor and invited to the White House for a state dinner.<<

The news cycle is young. I know some congresspeople are asking for medals and special recognition for ALL the Kapitol Keystone Kops.


5 posted on 08/28/2021 1:57:42 PM PDT by freedumb2003 (The democrats have just replaced KKK with CRT. /Kevin McCarty 7/6/21)
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To: Robwin

It seemed odd to me too at the time.

So odd that I looked up the rules of force in the Code of Fed Regs.

He had no justification for shooting her.


6 posted on 08/28/2021 1:58:34 PM PDT by seowulf (Civilization begins with order, grows with liberty, and dies with chaos...Will Durant)
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To: Robwin

Sure wish citizens could get that kind of treatment.


7 posted on 08/28/2021 1:58:37 PM PDT by Lurkinanloomin (Natural Born Citizens Are Born Here of Citizen Parents)(Know Islam, No Peace - No Islam, Know Peace)
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To: Robwin
The DOJ statement notably does not say that the shooting was clearly justified. Instead, it stressed that “prosecutors would have to prove not only that the officer used force that was constitutionally unreasonable, but that the officer did so ‘willfully.’”

Willfully?! He drew his weapon, aimed it and fired it. That surely did not happen unwillfully. Ashli Babbit was unarmed and no threat to him. So what is the effing deal?!

8 posted on 08/28/2021 2:01:44 PM PDT by Rummyfan (In any war between the civilized man and the savage, support the civilized man. Support Israel.d)
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To: Robwin

From a legal point of view, DC does not have the castle doctrine.


9 posted on 08/28/2021 2:02:10 PM PDT by aimhigh (THIS is His commandment . . . . 1 John 3:23)
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To: Robwin

I doubt the shooters or the victim’s race would have made a difference here.

If the idiot that shot Babbitt had been white as snow the result would be the same as we have now.

If Babbitt had been black and a democrat and the shooter had been a white republican...well, we all know how it would have went, even if the shoot was clearly justified.

The law does not provide equal protection.


10 posted on 08/28/2021 2:03:06 PM PDT by Bobalu (The higher the monkey climbs, the more you see his ass.)
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To: Robwin
he said he dint care if she was armed or not... FTG!!!
11 posted on 08/28/2021 2:05:48 PM PDT by Chode (there is no fall back position, there's no rally point, there is no LZ... we're on our own. P144:1)
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To: Robwin

I must admit that I am impressed by the linguistic acrobatics in this report.


12 posted on 08/28/2021 2:05:57 PM PDT by taxcontrol (You are entitled to your opinion, no matter how wrong it is.)
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To: Robwin

Good article but I still want to know why the only person shot that day happened to be filmed by radical agitator John Sullivan AND if anyone has ever reviewed Byrd’s social media activity.


13 posted on 08/28/2021 2:08:42 PM PDT by Kid Shelleen (Beat your plowshares into swords. Let the weak say I am strong)
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To: Robwin; Liz; SunkenCiv; null and void; Candor7; bert
Yet law professors and experts who have praised such prosecutions in the past have been conspicuously silent over the shooting of an unarmed woman who had officers in front of and behind her on Jan. 6...

Byrd described how he was "trapped" with other officers as "the chants got louder" with what "sounded like hundreds of people outside of that door." He said he yelled for all of the protesters to stop: "I tried to wait as long as I could. I hoped and prayed no one tried to enter through those doors. But their failure to comply required me to take the appropriate action to save the lives of members of Congress and myself and my fellow officers."

Byrd could just as well have hit the officers behind Babbitt, who was shot while struggling to squeeze through the window.

Of all of the lines from Byrd, this one stands out: “I could not fully see her hands or what was in the backpack or what the intentions are.” So, Byrd admitted he did not see a weapon or an immediate threat from Babbitt beyond her trying to enter through the window. Nevertheless, Byrd boasted, "I know that day I saved countless lives." He ignored that Babbitt was the one person killed during the riot.

Legal experts and the media have avoided the obvious implications of the two reviews in the Babbitt shooting. Under this standard, hundreds of rioters could have been gunned down on Jan. 6 — and officers in cities such as Seattle or Portland, Ore., could have killed hundreds of violent protesters who tried to burn courthouses, took over city halls or occupied police stations during last summer’s widespread rioting.

God Blessed us when HE put Turley in our time... He's one of about 20 people who might be able to save us from the Marxist/WOKE horror...

14 posted on 08/28/2021 2:09:03 PM PDT by GOPJ
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To: Robwin

Bookmark


15 posted on 08/28/2021 2:10:42 PM PDT by Chgogal (#GulagNancy is going all Cuba on Trump Supporters. #Biden lost The War on Terror.)
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To: Leaning Right

Turley’s another one helping us...it’s not just Maher...

This piece is worth reading... (well, not ‘helping us’... so much as helping the country.


16 posted on 08/28/2021 2:12:31 PM PDT by GOPJ
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To: taxcontrol

Well, when you stand for Admiralty law it is easy to make legal ease stick, it is a cinch! Look at Pfizer/FDA it took a legal interpreter to figure out what the heck the warped legal minds approved….and it wasn’t the current 2 jab toxin.


17 posted on 08/28/2021 2:12:35 PM PDT by Lopeover (Biden & Harris are illegitimate.)
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To: Robwin

Babbitts husband was on Am Voice yesterday. Interview.

You can watch reruns on there. If interested.


18 posted on 08/28/2021 2:12:56 PM PDT by frnewsjunkie
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To: Robwin

Turley, being a liberal, is no joke and about as fair as they come. Much, much, exponentially better than Dershowitz. Sometimes when I listen to him I have to remind myself that he is a liberal.

Every cop in the United States operates under 2 rules to use Deadly Force, although the language might be different, it’s all the same:

1. Ability...does the person have the ability to cause death or serious physical harm to me or a 3rd person

2. Opportunity....are they in reasonable proximity to do the above

3. Jeopardy .... do their actions demonstrate that they are about to try to cause death or serious physical injury....if they’re holding an ax, yelling that they’re going to kill me but are 50 yards away, nothing can be done. If they start charging while raising the axe, scenario changes.

There are some carve outs to these rules when it comes to protecting property and any criminal activity/vandalism. That property is going to involve critical infrastructure, a nuke facility, things like a fuel farm, military equipment, etc. But, in those cases, the bad guy would have had to got past quite a few different levels of security that would show clear intent.

Absolutely NONE of that existed that day. NONE OF IT. NOT ONE BIT OF IT.


19 posted on 08/28/2021 2:15:33 PM PDT by qaz123
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To: qaz123

capitol police policy is if at allpossible give a warningbefore using deadly force..he had plenty of time


20 posted on 08/28/2021 2:18:13 PM PDT by rolling_stone
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