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November 11, 2021

If the jury in Kyle Rittenhouse’s murder trial doesn’t vote to acquit, he’ll likely have excellent grounds for appeal on jury intimidation. A man claiming to be a friend or relative of George Floyd released a video that went viral, claiming activists were taking photos of jurors in the courtroom so they could retaliate if they didn’t vote to convict.

(Incidentally, the George Floyd/racism aspect of this case is a bit bizarre, considering Rittenhouse and the three men he shot are all white.)

Even if that video is nothing but Internet bluster, the very idea of such a threat might be enough to scare jurors out of being impartial, and that should be obvious grounds for an appeal.

However, despite the local bias against Rittenhouse (two-thirds of potential jurors said they’d already decided he was guilty), if the jurors are impartial, I don’t see how they vote any way other than acquittal on self-defense. The prosecution’s case has blown up in their faces so many times, you’d think the D.A. was Wile E. Coyote. Their “star witness” contradicted their narrative of Rittenhouse chasing the men down (they chased him down.) FBI surveillance video also contradicted it. Another witness testified that one of the men shot was acting aggressive and threatened to kill him and Rittenhouse.

On Monday, the prosecution called to the stand the only agitator shot by Rittenhouse who survived. He claimed he was running toward Rittenhouse to save him from the other two who were attacking him, and that he yelled at one to stop hitting Rittenhouse with a skateboard. But the defense attorney forced him to admit, “with the benefit of hindsight,” that that wasn’t true. He also got him to admit that he was advancing on Rittenhouse and pointing a pistol at him when Rittenhouse shot him. The state’s case imploded so thoroughly, a prosecutor was caught on camera face-palming (burying his face in his hand in frustration.)

The defense also pointed out that that guy is suing the city for $10 million in damages, but he didn’t mention in his filings that he was carrying and pointing a gun at the time he was shot.

The jurors might fear riots if they don’t vote guilty, but Nick Arama at offered an alternative: the defense could ask the judge for a directed verdict.

That means the judge could rule that no jury could possibly be convinced of guilt beyond a reasonable doubt and throw out some or all of the charges. The mainstream media aren’t covering the terrible job the prosecutors are doing, but if there are riots, their bias could be a contributing factor. Anyone who riots over Rittenhouse being acquitted definitely wasn’t informed about what's going on in that courtroom.

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Comments 1-10 of 12

  • Dahn Carey

    11/16/2021 10:51 AM

    you only need to watch the footage to know it was self defense. The agitators who hoped to loot & damage were frustrated that they were met with a defense. I'm betting the police force is cheering for Kyle.

  • Dee Robinson

    11/15/2021 06:16 PM

    Just a note of thanks for all you do. I feel fully updated on political events after reading your daily email. I love your humor, point of view and the fact that you provide references. I also enjoy your daily Bible quotes and your weekly show.

  • Catherine Crippen

    11/15/2021 01:27 PM

    I watched as Kyle broke down during his testimony. He was never trained for combat. He suddenly was faced with a real threat and a fight for his life. He was only 17. I'm an army veteran with PTSD and I know it when I see it. I send my prayers to him and his family. I pray that God will comfort him and send him the aid he needs through this trying time.

  • Vin Godleski

    11/15/2021 12:03 PM

    Young contender for 2022 NJ House Seat.

    What do you think?

  • Liz Gentry

    11/15/2021 08:57 AM

    Good morning Mike, I truly believe Rittenhouse is innocent & all charges should be dropped. I did see the video and those guys were all bigger than him and Rittenhouse was defending himself. Especially kicking him, toward his face. Race has nothing to do with this....Those guys are just trying to be a "show-off"....

  • Julia B Gravley

    11/15/2021 02:52 AM

    Why not turn the tables on the ones taking pics/videos of the jury??? Take THEIR pictures and post on the internet!!! I believe in fighting FIRE with FIRE !!! Stop the evil by EXPOSING the evil-doers !!

  • Cynthia Kaczynski

    11/14/2021 11:52 AM

    What about death threats to the Judge!!!

  • Daniel Hyatt

    11/12/2021 03:02 PM

    The very premise that NONE of the "brown shirts" who were burning and looting and rioting were charged. That the police were ordered to stand down... and someone without a doubt defending himself in a very dangerous situation...and EVERY person shot was a violent felon that day. Shows we have returned to 1930s Germany....

  • Mary E. Doan

    11/12/2021 11:36 AM

    Mob Rule cannot be allowed here in the USA. The individuals involved with having ANYTHING to do with jury intimidation, picture taking, threats, or any activities that would endanger any person involved in this (or ANY) trial including the attorneys or Judges should be arrested and held for trial, and the punishment for such crimes should be the same as would be handed down in the affected trial if the defendent was found GUILTY and was convicted and sentenced.

  • Richard Newberg

    11/12/2021 11:18 AM

    Biden himself said Rittenhouse was white supremacist.
    One of the guys shot was a nut yelling the N word.
    Is this guy Rosenbaum?