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30-year sentence for transporting zines is a five-alarm fire for free speech

theintercept.com

241–250 of 577 posts

Re: 30-year sentence for transporting zines is a five-alarm fire for free speech

#241

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Prisons are political violence. War is political violence. Policing is political violence. Pretty rich to hear moralizing about "poticial violence" from US citizens, the country which has the largest military, largest prison system, and spends the most on policing out of any country on the planet.

Re: 30-year sentence for transporting zines is a five-alarm fire for free speech

#242

Earlier quoted context omitted.

Being aware that he was moving the zines to obstruct a federal felony investigation is surely relevant. Intent is an important aspect of crime.

Intent is important but it’s not sufficient. Intent to obstruct isn’t enough. You have to actually intend to do something that would count as obstruction. It’s not illegal for me to make a sandwich even if I sincerely believe that making this sandwich will obstruct a felony investigation.

I have not enough imagination to come up with a scenario where making a sandwich would create concern that it might obstruct an investigation. But obstruction is defined by intent and outcome, not the exact means. Abstractions like this are common and necessary in law. So, in your example you'd still be guilty.

Re: 30-year sentence for transporting zines is a five-alarm fire for free speech

#243

Earlier quoted context omitted.

The different scale of intention was to overturn the results of a federal general election, effectively a coup to seize back control over the government. I can see why you consider the incident in Texas to be terrorism, but you want to ignore the entire point of the J6 event and pretend it was just some normal event where a few participants got a little out of hand? Get real.

Alright, so all of these die hard Republicans had a plan to do a coup...and none of them brought guns to the actual coup? Really? It was stupid for many reasons, but it was a riot, not some preplanned ambush with weapons like is being talked about in the OP.

So in that case, what were they there to do, exactly?

Don't forget, an actual noose was erected on the capitol grounds: https://www.nytimes.com/2022/06/16/us/politics/jan-6-gallows.... Do I think they intended to literally drag Mike Pence out and physically hang him? No. But damned if that doesn't send a clear message.

Re: 30-year sentence for transporting zines is a five-alarm fire for free speech

#244

Here's the case: https://www.justice.gov/usao-ndtx/pr/antifa-cell-members-con... The 30 year sentence was for hiding documentation being sought under a federal warrant after being called by his wife and asking him to do so. The warrant was for documentation after the protesters shot fireworks to bring out first responders from the ICE facility, and allegedly one of the group shot a responder in the neck instead of th…

If this was an incident in Europe, comments like this would be talking about how clearly the state is corrupt, it’s account cannot be trusted, and obviously civilisation is collapsing because free speech outside of the US is dead. “You can be arrested for zines!” Inside the US though? No, clearly the state’s account is definitely accurate , the citizen is obviously guilty, it’s not only correct they are being jailed…

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Re: 30-year sentence for transporting zines is a five-alarm fire for free speech

#246

Earlier quoted context omitted.

> Being aware that he was moving the zines to obstruct a federal felony investigation is surely relevant. Intent is an important aspect of crime. A sentence of 30 years in prison for obstructing an investigation is excessive, especially when compared to the "base offense level" of Involuntary Manslaughter (section 2A1.4 found here[0]) being between 12 and 22, roughly translating to between 10 and 51 months in prison[…

Shouldn't the punishment for obstruction, in many cases, be higher than the base offense to prevent that as a default strategy to beat the base offense? Granted, not that much higher, but there is some logic to it being a greater offense.

Honestly, no? I think in general failing to prosecute a crime is much less of a problem than committing a crime. Committing a crime has real first order effects (in case the law is sensible), failing to prosecute may only have secondary effects like encouraging the person to commit new crimes (or encouraging others that may become aware of possibility of obstruction). To me it would make sense to link the obstruction to the sentence of the crime (wilful obstruction of many severe crime may deserve more sanctions than of lesser crimes).

Re: 30-year sentence for transporting zines is a five-alarm fire for free speech

#247
post #233

Earlier quoted context omitted.

If you think that this was a protest then yeah it's worrying. The feds case, which they did win convictions based on, was that they were terrorists who set off fireworks to lure police into an ambush, and there weren't more casualties because one of the members shot early and only injured one cop. An accessory to this who hid evidence is also part of the crime in the Feds case Is this embellished by the Feds? I think…

"Lure police into an ambush" is quite a stretch. It's quite normal to do noise demonstrations outside jails/prisons to show solidarity with the captives, the captives will often times knock on the windows to communicate back. In fact there were noise demonstrations outside the Delaney Hall ICE jail in New Jersey just this month, which you may have heard about. The mischaracterization of fireworks as "explosives" is a…

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Re: 30-year sentence for transporting zines is a five-alarm fire for free speech

#248

Earlier quoted context omitted.

I think all of this hinges on whether or not you think it was a protest. If they had been peacefully sitting outside the facility holding signs, I think you'd have a case that the sentencing is insane. But if they were actively planning a break-in & preparing to use deadly force, that's quite another matter. I haven't spent a lot of timing reading about it, but what I have read suggests it was much closer to the latt…

https://en.wikipedia.org/wiki/2025_Prairieland_ICE_detention...

Do not just link some Wikipedia article.

Express your point.

Re: 30-year sentence for transporting zines is a five-alarm fire for free speech

#249

Earlier quoted context omitted.

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> I think if you append "with the intention to commit a violent crime" to each item on the list, you'll see the issue. That's problematic as you could literally append that to any action and thus condemn it as illegal e.g. met to have some coffees and a chat ... with the intention to commit a violent crime. The problem is that there's not necessarily any connection between the activity and the alleged violent crime -…

> met to have some coffees and a chat ... with the intention to commit a violent crime

I'm sorry, do you believe it's legal to meet someone for coffee and credibly plan the commission of a crime, which you then go on to commit?

Re: 30-year sentence for transporting zines is a five-alarm fire for free speech

#250
post #57

Earlier quoted context omitted.

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Just to be clear, the January 6 defendants: - were a group of at least 1000 people - who, among other things, erected a noose on the capitol grounds, brought zip ties and weapons - forcefully overran several capital police barricades intended to deter their entrance - used any weapon available including poles etc to violently attack any police in their way Granted they did not explicitly shoot any federal agents with…

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