Incitement Charge Falls Apart!

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The Riddle Report 02 09 2021

News Item #1

UNITED STATES OF AMERICA v. THOMAS EDWARD CALDWELL, DONOVAN RAY CROWL, and JESSICA MARIE WATKINS, Defendants.

This affidavit is listed further down.

News Item #2

The Speech

Anyone who has been following President Trump would recognize his speech as a typical political rally speech. He was encouraging his followers to engage in political activism. In the same speech he encouraged them to “peacefully and patriotically” make their voices heard. No unbiased person would understand this to be a call to riot or for insurrection.

News Item #3

Warning, Warning

UNITED STATES OF AMERICA v. RYAN TAYLOR NICHOLS, ALEX KIRK HARKRIDER, Defendants.

In this affidavit the defendants are identified as conspirators to enter or remain and did knowingly enter or remain in any restricted building or grounds without lawful authority, or did conspire to knowingly, and with intent to impede or disrupt the orderly conduct of Government business or official functions, engage in, and, with the same intent, did engage in, disorderly or disruptive conduct while, during and in relation to these offenses, NICHOLS did use or carry a deadly or dangerous weapon, to wit a canister of OC/pepper spray and a crowbar, as described below, and HARKRIDER did use or carry a deadly or dangerous weapon, to wit, a baton, as described below, in violation of 18 U.S.C. §§ 1752(a) and (b)(1)(A) (conspiracy against both defendants, two substantive counts against NICHOLS, and one substantive count against HARKRIDER); that NICHOLS and HARKRIDER (2) did willfully and knowingly utter loud, threatening, or abusive language, or engage in disorderly or disruptive conduct, at any place in the U.S. Capitol Grounds or in any of the U.S. Capitol Buildings with the intent to impede, disrupt, or disturb the orderly conduct of a session of Congress or either House of Congress, or the orderly conduct in that building of a hearing before, or any deliberations of, a committee of Congress or either House of Congress, or parade, demonstrate, or picket in any of the Capitol Buildings, in violation of 40 U.S.C. §§5104(e)(2), 5104(e)(2)(D), 5104(e)(2)(G); that NICHOLS (3) did willfully commit or attempt to commit an act to obstruct, impede, or interfere with a law enforcement officer lawfully engaged in the lawful performance of his official duties incident to and during the commission of a civil disorder which obstructed, delayed or adversely affected the conduct or performance of a federally protected function; and corruptly did obstruct, influence, or impede any proceeding before the Congress, in violation of 18 U.S.C. § 231(a)(3); that NICHOLS (4) did forcibly assault, resist, oppose, impede, intimidate, or interfere with an officer or employee of the United States or of any agency in any branch of the United States Government while engaged in or on account of the performance of official duties, and, in the commission of such offense, used a deadly or dangerous weapon, to wit a canister of OC/pepper spray, or inflicted bodily injury, in violation of 18 U.S.C. § 3111(a) and (b); and that NICHOLS and HARKRIDER did (5) aid and abet the commission of these offenses against the United States, in violation of 18 U.S.C. § 2(a).

Please note the word conspiracy. If there was a conspiracy (i.e., a plan conceived before Trump’s speech) then there cannot be incitement.

News Item #4

Defendants

This Affidavit sets forth additional evidence establishing probable cause that CALDWELL, CROWL, and WATKINS conspired together, and with others known and unknown, to obstruct the United States Congress’ affirmation of the Electoral College vote regarding the results of the 2020 U.S. Presidential Election, and that they committed other related federal crimes in furtherance of that purpose, as set forth below.

News Item #5

Charges

Knowingly and willfully conspired together and with others whose identities are known and unknown to law enforcement at this time to commit an offense against the United States, in violation of 18 U.S.C. § 371, that is, to corruptly obstruct, influence, or impede an official proceeding in violation of 18 U.S.C. § 1512(c)(2); and b. Conspired together and with others whose identities are known and unknown to law enforcement at this time to prevent, by force, intimidation, or threat, officers of the United States from discharging their duties; to injure them on account of the lawful discharge of the duties of their offices; and to injure their property so as to interrupt, hinder, or impede them in the discharge of their official duties, in violation of 18 U.S.C. § 372; and c. Attempted to willfully injure or commit depredation against any property of the United States, in violation of 18 U.S.C. § 1361; and d. Corruptly obstructed, influenced, and impeded an official proceeding, in violation of 18 U.S.C. § 1512(c)(2); and e. Entered and remained in any restricted building and grounds without lawful authority, and knowingly, and with intent to impede or disrupt the orderly conduct of Government business and official functions, engaged in disorderly and disruptive conduct, in violation of 18 U.S.C. § 1752(a); and f. Willfully and knowingly engaged in disorderly and disruptive conduct, at any place in the Grounds and in any of the Capitol Buildings with the intent to impede, disrupt, and disturb the orderly conduct of a session of Congress or either House of Congress, and the orderly conduct in that building of any deliberations of either House of Congress, in violation of 40 U.S.C. § 5104(e)(2).

News Item #6

Conclusion

According to the FBI the whole charge of inciting insurrection falls apart. But the proceeding itself is unconstitutional. Any lawyer saying otherwise does not believe in the Constitution as it was written.

The Constitution outlines who bring the charges (House of Representatives), who tries the case (Senate), who presides (Chief Supreme Court Judge), and who can be accused or tried (the President). The current trial violates this by having a member of Congress rather than the chief judge preside and the charge is against a former President and not the sitting President.

This is a waste of taxpayer dollars, unconstitutional, and dead upon arrival.

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R Frederick Riddle is the Editor of TR Writing Services providing help to struggling and/or new authors to write and publish their books. He is also an author of Historical, Speculative, and Mystery fiction, plus co-founder and Vice President of T&R Independent Books. To reply to any blog you can comment on a blog and/or send an email to marketing@tr-indbkstore.com. His Facebook page is at RFrederickRiddlesWorld.

Riots, Ratings, and War

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The Riddle Report 01 18 2021

News Item #1

The inauguration is only days away. Obviously, the government is nervous due to the riot in the Capital. A small fire occurred in a homeless encampment, but the Capital complex was shut down in an ‘abundance of caution’ by the Secret Service.

News Item #2

Insurrection versus riots.

The legal definition of an insurrection is: A rising or rebellion of citizens against their government, usually manifested by acts of violence.

Perhaps I missed it, but when were the riots out west that paralyzed government, caused damage and, I believe, death, ever called insurrections? They were called riots, peaceful protests, etc. They were justified because of perceived injustice, but I don’t recall them ever being called insurrections.

On the other hand, you had a riot in D.C. that involved the killing of an unarmed woman, a policeman and perhaps another, plus the attempted occupation of the Capital Building (remind you of occupations in the past?), and the damage of government property.

This last one never amounted to the scale of the riots out west, but it is called an insurrection. Both were against government, but one was definitely by the Left and the other appears to be by the Right (although there are facts surfacing that cast doubt on that).

Conclusion: If a riot occurs and is Left in origin it is a riot, but if Right in origin it is insurrection.

News Item #3

Trump’s Approval Rating

According to recent polls Trump’s approval fell sharply both before and after the riot. The problem is that these polls were primarily polls of Democratic voters. Only 30% or less of the voters polled were Republicans.

But the Rasmussen poll gave Trump 48% from a December 31st poll of 47%. Why the difference? The Rasmussen poll was undoubtedly more representative of the average voters instead of being weighted toward Democrats.

As has been pointed out here before, these polls don’t reflect actual voters or voting groups. Rasmussen weights its polls with actual registered voters who vote, which makes it the only one with a true touch of reality.

That tends to change the entire story. Instead of Americans wanting to get rid of and forget Trump they admire what he did. They may not like him, but they like what he did! And that is not good news for the Democrats.

News Item #4

War Against Christians

Under the Trump Administration Christians regained influence and protection, but that is probably going to end or at least there will be an attempt to end these protections. With more conservative judges in the judiciary, I expect legal setbacks for the government if they pursue their anti-Christian agenda.

But no matter how it goes down, we Christians not only have a merciful God, but our God rules and overrules the works of men. He may not act as soon as we want nor even how we want, but He will act!

And that is not good news for the anti-Christians!

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ARE YOU A BOOK REVIEWER? Want to review our books? Contact me at marketing@tr-indbkstore.com with the subject line indicating that desire. Such as, ‘Seek to review [book Title].’ Be sure to indicate your email address and your name.

==========

R Frederick Riddle is the Editor of TR Writing Services providing help to struggling and/or new authors to write and publish their books. He is also an author of Historical, Speculative, and Mystery fiction, plus co-founder and Vice President of T&R Independent Books. To reply to any blog you can comment on a blog and/or send an email to marketing@tr-indbkstore.com. His Facebook page is at RFrederickRiddlesWorld and his Parler page is authorriddle.