Why Feds Probably Can't Charge Kyle Rittenhouse for Murder

Massive Win Brings Fury: Kyle Rittenhouse won a massive acquittal on all charges in a bitter lesson for all liberal demagogues. But in a seemingly endless litany of illogical decisions based on horrific leftist beliefs, Dem House judiciary chairman Jerrold Nadler called for a DOJ review of the Kyle RittenhouseFederal murder investigation. Such knee jerk decisions are why Biden is currently drowning in 36% approval ratings, and inevitably, with such a mistake and error-riddled prosecution, only anti-America fanatics would want this ill-advised witch hunt to continue.

Double Jeopardy, Dual Sovereignty, Federal Powers

Double Jeopardy: Regarding a 2nd trial, most Americans are familiar with the term "double jeopardy," from the Fifth Amendment. It states "no person shall…be subject for the same offense to be twice put in jeopardy of life or limb…" So does this mean that Kyle can't be charged again for the murders he was just acquitted of? Sadly, no. He can be recharged for a federal crime, like murder.

Dual Sovereignty: Unfortunately for Kyle, double jeopardy only covers one jurisdiction for the same crime. So while a state can't pursue another prosecution against someone for the same offense after acquittal, the same is not true of federal jurisdiction. So, an individual may be prosecuted for the same offense in both state and federal courts because "dual sovereignty" means state & federal government each have their own jurisdiction over their own statutes and laws.

Yes, Feds can Charge Rittenhouse After WI State Lost a Jury Trial on the Same Events

Federal Powers: The fact is, the US Fed Gov't has enormous powers of discretion for prosecution, should they choose to charge Kyle for federal homicide in US District Court. The reason why is the Feds have a different jurisdiction. So according to recently upheld law, the Feds have a right to launch a related prosecution.

Patriots Must Push Back

What is a Federal Crime? In general, a crime is federal when it violates US federal  legal codes or when the individual carries the criminal activity over multiple states. Such crimes represent a federal  or national issue, like interstate contraband, fed tax fraud, mail fraud, etc. Many criminal acts -- bank robbery or kidnapping -- are crimes under both federal and state law and may be prosecuted in either jurisdiction. List of Fed Crimes. 

Dual Sovereignty Cases: SCOTUS has held on a number of important cases ruling dual sovereignty allows the state and the federal government to pursue separate prosecutions for the same criminal offenses. So, the concept of double jeopardy is not as clear as it seems. Consider the following cases. 

In Abbate v. United States (1959) SCOTUS ruled double jeopardy clause is inapplicable to a federal prosecution after a state prosecution for the same crime. 

In Blueford v. Arkansas (2012) SCOTUS held Arkansas didn't violate double jeopardy after the court dismissed his first murder trial. 

In Gamble v. United States (2019),  SCOTUS ruled dual sovereignty means defendants can be prosecuted by state & feds without violating the 5th Amendment double jeopardy;

Ten Fed Murder Charges: Murder prosecutions are generally done by states. But murder is a crime in violation of federal law, or taking place on a fed land or territory. The fed crime of murder is defined as the ‘unlawful killing of a human being with malice aforethought.' Ten murder scenarios violate fed law: 

• 18 U.S.C. § 351, 1751 – Murder of Elected or Appointed Officials
• 18 U.S.C. § 1114 – Murder of Federal Judge or Law Enforcement
• 18 U.S.C. § 115(b)(3) – Killing Family Member of Law Enforcement
• 18 U.S.C. § 1512 – Killing to Influence Outcome of a Court Case
• 18 U.S.C. § 36, 924(i) – Any Drug-Related Murders
• 18 U.S.C. § 2248, 2251 – Murder Related to Rape or Child Sex Crimes
• 18 U.S.C. § 1111 – Killing Committed During Bank Robbery
• 18 U.S.C. § 1958 – Murder for Hire
• 18 U.S.C. § 1716 – Murder by Mail
• 18 U.S.C. § 2280 – Murder Aboard a Ship

Frankly, it doesn't seem like the Rittenhouse case has any of these elements.

Patriots Must Push Back: The fact Biden stated that Rittenhouse is a White Supremacistwho should be convicted, without bothering to learn any details tells you a few things. First, Joe's minders call the shots. Second,  the Left now believes they are immune from punishment. And the fact no person involved in these slayings was Black reveals how absurd Biden is, just parroting any points his minders print up for him. Third, victims of such scurrilous statements need to sue Joe and others for slander. It's very important we contact our Reps and Senators to protest against such calumny, and generally resist the mindless race baiting which the Left drowns our society in, day-in and day-out. If we don't resist, we will never break the tyranny killing free speech until all our freedoms disappear.

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