Home » The law according to ADA Binger

Comments

The law according to ADA Binger — 35 Comments

  1. FWIW, Alan Dershowitz has come out swinging, saying not only that Rittenhouse should be acquitted, but also he should sue the media for spreading “deliberate and willful lies.” Dershowitz added that the MSM is abusing the justice system: The Harvard professor and Constitutional scholar tore into the media for its coverage of the Rittenhouse trial, mentioning several outlets by name. . . . “The bigger deal is that all of us civil libertarians, all the liberals, all the ACLU-types, The New Yorker, The New York Times, they all attack the judge for simply applying the Constitution. These phony civil libertarians couldn’t care less about due process, about free speech. All they want is due process for me, but not for thee,” Dershowitz said. “They’re taking sides, They’re cheering, they’re rooting. The New Yorker, that trashy magazine, … already dubbed [Rittenhouse], without any evidence, the ‘American Vigilante.’”

    https://www.dailywire.com/news/rittenhouse-should-be-acquitted-sue-media-for-deliberate-and-willful-lies-harvard-professor-says

  2. @ Neo – yours is the best summary I’ve seen of the prosecution’s atrocious closing statements.

    Shakespeare: “First Thing We Do, Let’s Kill All The Lawyers”

    NOTE to the FBI: this is a literary allusion, not a threat.
    Some of my best friends are lawyers, including AesopSpouse, who determined after about 2 years of practice that criminal law was not going to be a happy-making profession.

    https://www.pittmanfirm.com/personal-injury-blog/2013/august/shakespeare-first-thing-we-do-lets-kill-all-the-/

    However, I would get behind a Constitutional Amendment to limit the number of lawyers elected to Congress, or ban them altogether and constrain them to the ranks of staff.

  3. Brendan O’Neill:
    “The media’s coverage of the Rittenhouse shootings has been disgracefully biased and dishonest….
    “…There’s no doubting it: the media are guilty of pursuing a culture war against Mr Rittenhouse and against what he is seen to represent – problematic white men.”
    https://www.spiked-online.com/2021/11/15/the-culture-war-against-kyle-rittenhouse/

    Hmmm. Speaking about “problematic white men”…
    https://www.americanthinker.com/blog/2021/11/kamala_harris_camp_leaks_to_press_about_racism_among_the_bidenites.html

    Under the rubric of “The revolution eats its own” (in combination with Kamala Harris’s stellar qualities and personality), I guess something like this was bound to happen.

    To be fair to “Biden”, given the constraints under which “he” voluntarily placed “himself” it was either going to be Harris or Stacey Abrams.

    Now there’s a choice for the ages!

    And so it looks like this is the very first self-imposed shotgun wedding in the history of the species. (But then “Biden” was always a very special case…)

    File under: Biden-Harass 2020!!

  4. The Picture Seen Round the World was frightening; Not the Bee had a good post – including 5 other errors Binger made besides the lack of trigger discipline.

    https://notthebee.com/article/prosecutor-binger-held-up-kyle-rittenhouses-actual-gun-for-the-jury-can-you-spot-anything-wrong-with-this-picture

    Even if he wasn’t aiming at anyone when he pulled that trigger, he hadn’t confirmed personally that it was cleared and he likely flagged several people bringing the barrel up. Anyone who has been in a shooting range for 5 minutes understands this!!

    This guy knows nothing about guns. Probably less than he knows about gun laws, the Second Amendment, or the right to self defense that’s existed since before the highly specific Levitical laws on defense given to Moses and the Israelites.

    Yet he has the gall to march out there for days on end, paint a law-abiding teen as a murderer, and then try to make a point by incorrectly and dangerously handling a weapon!

  5. “Prosecutor Kraus wasn’t far behind Binger in the outrageous-statement category. In fact, he may have edged him out with this remark: ‘Everybody takes a beating sometimes.’”

    Full disclosure: I have been in bar fights. Not a lot; only 4 really stand out in memory but some of them just aren’t memorable. Probably since I haven’t been in one since 2007, and it wasn’t really a bar fight; it was when I owned a restaurant and some drunk parked his car in my parking lot and came in and TOLD ME I better not tow his car. He was going across the street to a bar and celebrate St. Paddie’s Day. I told him I would tow his car since I needed the lot for my own customers. So I had his car towed, and eventually we closed. In hind sight I should have locked the door after we closed but some employees were still cleaning up and had to go in and out. We sat down for the employee meal; it was just the waitresses and I at this point. Sure enough he comes storming back in, even drunker and clearly high on something and demanded to know why I had his car towed. I told him it because it didn’t belong there. We start doing that chest bump thing. I know we are going to get into a fight, I look at all the chairs, etc., that he could get lucky and knock me out with, and it’s sushi restaurant so we have knives, I consider the fact that we don’t have any other exits than the front door, and I’m the only thing between this jerk and the waitresses. So I tell him to take it outside, then I tell the ladies to lock the door and call the police.

    So he tags me a couple of times which wasn’t hard as I just got the cast off my broken leg and it still wasn’t 100% but that meant I couldn’t box with him. But within a couple of seconds I could move in and take him to the ground. I get my hooks into his legs and apply a rear naked choke (hadaka jime) and choke him out. He’s going nowhere and just before he passes out I let him tap out, and right then the cops show up, so he tries to walk as fast as he can away but let’s just say they got a good look at him and his clothing now had some, err, distinguishing marks which I really didn’t notice at the time. But the cops had. Anyway I start giving my statement and I get to the part where I choked him out. The cop asked me, “Is that when he s*** himself?” I hadn’t noticed, I thought somebody had dropped a burrito grande in the parking lot. Then they took some pics on their squad’s dash cam. I was only a little marked up; he was one of those guys who really winds up, telegraphing his punches giving me half the night to move my head just a little so he couldn’t do any real damage. But it would be damning for him when he went before the judge.

    Then we locked up and the ladies insisted that THEY walk ME to my car.

    I’m not a bad@$$. I avoid fights because you never know what’s going to go wrong. There was a lot of objects inside the restaurant he could have knocked me out with. Not so much outside but there are still dangers. For instance, I never would have tried that move if he had friends with him as they would have kicked the snot out of me. Once you’re knocked out then you’re helpless. Ever see somebody get knocked out, then get foot stomped. The assailant drags the helpless victim to the curb, puts the guys mouth on the edge of the curb, and stomps on the back of the guy’s head and you can hear the unconscious guy’s jaw break?

    Had I been on that jury and I heard these effete lawyers act like getting into a fist fight with a worked up Antifa/#BLM mob is no big deal I couldn’t have helped but show my contempt. They were talking like tough guys but clearly their last fight was in elementary school. As if it would have remained a fistfight for long. I loved how one of the prosecutors list the minor sins of St. Rosenbaum of Kenosha that night. Binger said that “All Rosenbaum did the night of the shooting was tip over a porta-potty, light a dumpster on fire, tip over a trailer and set it on fire, say the n-word, and SWING A CHAIN!!” Anybody ever tell the two clowns on the prosecution team that an impact weapon like a chain is a deadly weapon and justifies deadly force in return?

    And I’m sure the amped up Antifa/#BLM mob would have respected the Marquis of Queensbury rules those lawyers think (or rather think the jurors are stupid enough to believe) both sides were both going to live by. Then whoever won or lost, Rosenbaum and Rittenhouse would shake hands and walk away friends.

    Then they wrapped it up, the icing on the cake, by showing a picture of Patrick Swayze in “Roadhouse.” I would have loved to be on this jury. I’d send a written question to the judge. “Do prosecutors Binger and Kraus know Patrick Swayze killed a man with his bare hands in that movie?” I think Schroeder would have gotten a chuckle, and I would have loved to see the looks on Binger’s and Kraus’ faces.

    What a couple of clowns. They had no idea what they were talking about. I won’t address all the other obvious deficiencies of their bogus theories. But that right there stood out to me. Rittenhouse should have laid his rifle down and gone mano a mano with a chain-swinging lunatic. Sure, go with that.

  6. I so wished that officer’s question, “Is that when he s*** himself,” had made it into the final police report. But it didn’t. I understand that in the Dallas county jail, Lew Sterret, they would let him shower and then they’d give him a clean jumpsuit to wear during his stay. But they don’t have a laundry service. When they released him the next day he had to wear what he wore in. Good luck getting an Uber or Lyft to the impound lot to fetch his car in that outfit. Talk about the walk of shame.

  7. Actually, “Everyone takes a beating sometimes” has a nice ring to it.

    Make it’ll give “Let’s go Brandon!” a run for its money….

  8. “The law according to ADA Binger”
    (Should be “the law-challenged ADA Binger” of course…)

    But…since we’re a nation of laws, here’s the law according to “Biden”:
    “You Will Own Nothing And Be Happy”
    https://www.zerohedge.com/energy/how-they-intend-get-us-you-will-own-nothing-and-be-happy

    At this point all of this should be obvious but no one (with some exceptions I suppose) really wishes to acknowledge it, as it’s so counter-intuitive and wrong-headed.

    Heh.

    That it’s too far out in left field to be possible is no longer very reassuring, as everything the Democrats have done since 2009 is too far out in left field.

    Time to face the facts.

    We keep bemoaning the obvious evidence that the wacky Left is delusional.

    But it’s only delusional if the decent (or relatively so) and law-abiding (ditto) is—still—the norm.

    Probably more accurate to begin to understand that the wacky Left is the new normal and that it is the decent center, center-right and right that is delusional.

    Then the question becomes, “HOW TO PROCEED?”

  9. The activist Left have now set the precedent that if they come to your street you have two choices. You can flee your home/business and let them do as they wish, burn, loot, etc. Or if you stay and defend your property and life then you will be charged with murder. So, “in for a penny, in for a pound” is the new rule they’ve brought about.

  10. Related (unfortunately):
    https://www.americanthinker.com/articles/2021/11/the_ten_stages_of_genocide_are_hitting_a_little_too_close_to_home.html

    + Bonus!!
    Gotta keep those glowing lies flowing…
    “…things are a lot better in this country than they were a year ago…”
    https://www.americanthinker.com/blog/2021/11/white_house_messaging_chaos_inadvertently_reveals_the_sinister_intentions_of_bidens_puppet_masters.html
    Key grafs:
    ‘White House chief of staff Ron Klain, claimed by some to be the de facto real president, actually went gaslighting on CNN yesterday claiming that things are better now than a year ago.
    ‘ “Well, look, I do think, as I said Jake, things are a lot better in this country than they were a year ago, with regard to COVID, with regard to the economy, but we have a lot of work left to do,” Klain stated. “And I think voters are in show me don’t tell me mode, I don’t think they really care as much about what I’m saying on TV, or what you’re saying on TV as much as putting results into their lives.”…’

    H/T Instapundit (for both).

  11. Aesopfan – Lawyers are technicians, or should be. The problems come when lawyers start to apply their training based on their own political philosophy instead of following the law.

    It’s not difficult to get there. If you believe that the purpose of the justice system is to do justice, and you define justice based on your political ideology, then you end up with crackpots like these prosecutors. It’s an article of faith among the woke that a white kid with a gun is evil. Therefore, doing justice requires convicting the white kid with a gun. Therefore, it doesn’t matter if the prosecutor has to lie, or strain the law to the breaking point, or violate the kid’s constitutional rights, the whole goal is to do “justice” by obtaining a conviction.

    This should be horrifying to anyone who likes the idea of having a justice system instead of an instrument of political retribution, but the woke will never see that.

    Frankly, though, lawyers like Dershowitz who (mostly) just want to be technicians of the law are not the problem, even if they end up taking unpopular positions. We need technicians of the law in order to have a functioning justice system.

  12. “‘White House chief of staff Ron Klain, claimed by some to be the de facto real president, actually went gaslighting on CNN yesterday claiming that things are better now than a year ago.”

    Now do 2 years ago Mr. Klain. You know back before your Party and their Chinese Communist Party allies decided to destroy the world’s political and economic systems for shits, giggles, and power.

  13. Klain’s “… but we have a lot of work left to do…” should send a chill down everyone’s spine.

  14. If you carry a gun you have no right to self-defense against an unarmed man, even if that person is trying to grab your gun. You have to take your chances that he won’t successfully grab it and use it to kill you.

    George Zimmerman is the obvious example of one exonerated on the basis of self-defense in this situation. He had the gun, his attacker was beating his head into the ground and went for Zimmerman’s gun. Bye-bye.

  15. Look, we all know that from its core, the progressive/ collectivist ideology is/entails that ultimately you have no right to self-defense any more than you have a right to bodily integrity, any freedom from molestation, any right to a private conscience, or to anything else private, exclusionary, or presumptively inviolate.

    The progressive anthropology is all about “interpenetration”; and presumes the conceptual transformation of individual souls with rights, into social elements and objects of appetite and desire, or utility.

    When some two-bit school board member or minor bureaucrat seems to be going off the rails, we just assume it is due to sheer stupidity or malice per se. But their noxious emissions are generated in part not only by their on the spot decisions flowing from their personalities, but by the intellectual furnishings of their minds and their beliefs, no matter how disorganized or even incohate their thoughts.

    This goes right back to Engels on the family … And in some forms back further.

    These are the same type of people who in Germany in the 60ss promoted pedophilia and “intergenerational” sex; the abolition of sexual reproductive exclusivity, the nuclear family, single family dwellings, and obviously private use property and all that goes along with it.

    I’m not saying that this particular miscreant prosecutor in Wisconsin is a fully developed Bader Meinhof style theorist, but rather that he and his kind in America have, because of their own predelictions, sought out and drunk from the same anti-human spring.

    They are, per definition, an alien moral kind: as they are in their philosophical anthropology (the philosophy of what man ultimately is) a constructively different kind of being altogether.

  16. We may not often be on the same wavelength, but Meislin @ 7:22 am states the nature of the case, as they say.

    Or better, as my figure of speech is confusing when used with reference to a case at law and a trial, he provides a capsule of the ideological forces forming the context in which these absurd charges were brought and the prosecution undertaken.

    “You will own nothing, you will be happy.” A new progressive context for the notion that Sheep May Safely Graze.

    A fundamental transformation, one might say.

  17. Steve57,

    Hilarious story and good rundown of what men have to consider when deciding to get into a fight, or not.

  18. Jury will acquit before 5 pm. They want to go home.

    Badgers have common sense. And a better football team than the University of Nebraska!

  19. “Badgers have common sense….”
    Well I certainly hope that’s the case…
    Hey, maybe Ozzy Man will do a series on their cousins, the honey badgers…

  20. Bauxite @ 7:57 a.m.: “The problems come when lawyers start to apply their training based on their own political philosophy instead of following the law. It’s not difficult to get there. If you believe that the purpose of the justice system is to do justice, and you define justice based on your political ideology, then you end up with crackpots like these prosecutors.”

    That comment reminded me that Robespierre started out as a lawyer.

  21. So let’s see if I understand what’s going on.

    An individual with a gun is being chased (!!!!) by two guys who wish to do him harm; either beat the s**t out of him or kill him.
    When they catch him and he is laying on the pavement, he shoots his assailants One dies, the other gets shot in the arm.
    Yep, it’s clear; the guy being chased and lying on the pavement is guilty.

    You see I always thought if a gun toting killer wanted to kill somebody, the gun-toter would be the one DOING the chasing or APPROACHING his intended victim.

    The older I get the less I know.
    Up is down, right is left, war is peace, yes is no, males can get pregnant, females can have prostate cancer, men can get ovarian cancer, self defense is murder.

    George Orwell must be spinning in his grave.

  22. Oh, those Badgers…
    “The Wisconsin Election Commission admitted it told election officials to break the law before and after the 2020 election…”
    https://twitter.com/realLizUSA/status/1460655824964136982

    Not to worry, though. They did it for the bestest of reasons!! (Along with all the rest of ’em in PA, in MI, in GA, in NV, in AZ, etc….)
    H/T Ron Coleman twitter feed.

    And some good news from AZ:
    https://twitter.com/realchrisrufo/status/1460423066157154307
    Scottsdale Unified School Board has voted 4-1 to remove Jann-Michael Greenburg as president. Greenburg,

  23. Fox News reports that 45 minutes into deliberations the jury asked for copies of all the jury instructions, especially pp. 1-6 about self-defense. Sounds like they’re not buying Binger’s and Kraus’s garbage law. Or so I hope.

    Jonathan Turley, on his twitter feed, says he can’t see how the jury could possibly convict on any of the remaining charges.

    Protesters are already shouting at each other outside the courthouse.

  24. Rather astonishing that AR was not zip tied through the mag well and out the ejection port. I mean really, how stupid are these people?

    I have been kicked in the back, knocked to the ground and kicked in the face. I have been hit in the back of the head with brick thrown by someone who intended to hit me in the back of the head with a brick. It hurt. A lot.

  25. I’m sure it hurts like the dickens! But more important for Rittenhouse’s purposes is that, if you’re alone in a crowd of crazed violent jerks–excuse me, I mean, fiery but mostly peaceful First Amendment enthusiasts–being hit on the head is a prelude to be incapacitated, which in that context means a realistic and imminent threat of death. If someone had gotten a lucky hit with a chunk of rock when Rittenhouse was in a group of friends, I seriously doubt he’d have shot, in retaliation or otherwise. He’d have known that the injury might be unpleasant, but he wasn’t at serious risk of being disarmed and then killed. He had to be alone, cornered, and terrified before he shot anyone. Or cornered in the first attack, and helpless on the ground being kicked and beaten, and a gun aimed at his head, in the second.

    I mean, there’s VIDEO. Anyone blaming him has to be completely incapable of putting themselves honestly in his shoes. In the Zimmerman case, at least you can imagine the jury flatly disbelieving the testimony that Martin was smashing his head and reaching for his gun. How does the jury get past the video in this case? As far as I can tell, only by persuading themselves that he “brought it on himself” by carrying a gun in the first place. Appalling.

  26. I cannot understand how it is possible that Binger was allowed to point that gun at the jury. I worked in the NY court system for many years and there is no possible way this would have been allowed in any court I had anything to do with. Attorneys and witnesses need the judge’s express permission before touching any weapon, let alone a gun, and it would only be granted on conditions that the gun would be pointed only at the floor and no one’s finger would be anywhere near the trigger. Did Binger have the judge’s permission? Did the defense object to his actions? I really can’t believe it happened. I think that should have been a mistrial, then and there.

    With any luck, it was a strategically bad decision. He probably hoped to scare the jury with the realization of what it feels like to have a gun pointed at you — an experience most of us probably haven’t had. But the jury may also have paid attention to WHO was pointing that gun, and may well resent being treated that way for dramatic reasons. I hope so.

  27. Mrs Whatsit:

    Barnes said the defense didn’t object, and that was a smart move because it was a trap the prosecutor set for the defense. He said it’s his opinion that Binger wanted Richards to object because then it would highlight how very dangerous it is to even point an unloaded gun at someone, and that would be to the prosecution’s benefit.

    He also said the pointed gun was a reminder to the jury that they were in danger if they didn’t act as Binger wanted.

  28. @ Neo – thanks for adding the Frei & Barnes video about Monday’s proceedings. Glad to hear RB was actually happy with Richards’ closing statements.
    Barnes & Frei agree that he played to his strengths and did a good job of it, especially in revealing the prosecutors as the “mean vindictive” people that they are.
    “There were 6 critical things we thought should be mentioned and Richards did them all.”
    “He deeply believes Kyle is innocent and that finally came through.”

    Binger & Krause were a disaster!
    “They lied from minute one and Richards called them out!”

    Interesting discussion about YouTube cutting the on-line commentators’ live-streams to drop their viewer totals – PBS was running way behind Rikieta and picked up viewers when they were suppressed. The public backlash was immediate and relentless.

    I am resisting my OCD impulse to transcribe the whole thing, but it’s definitely a struggle.
    I’m looking forward to seeing some of the memes Barnes mentioned on this week’s TWIP at Powerline.

    Just noting some of the on-screen chatting (some read aloud, and some not):
    (1) This case is a good example of a saying in Europe: “If state prosecutors were really in search of the truth, defense attorneys would be unemployed.”
    (2) Would the jury have been justified in giving Binger a beating and would the bailiff let him take it on Kraus’ advice? — well, “he did provoke the jury by pointing a gun at them.”
    (3) If they find Kyle guilty they don’t realize the hell they will unleash from ppl who take their final black pill.
    (4) It’s interesting how the Rittenhouse trial has done more to convince America of the corruption of the system than a year of rioting.
    (we hope)
    (5) Is no one going to mention the fact that Kyle was protecting the business of non-white owners? Where is the mainstream media on that fact? Barnes: They have deliberately omitted that the owners are immigrant & minority.
    (6) If Alec Baldwin gets tried .. how many strings will he pull to get Binger as his prosecutor? (The best of the Baldwin bunch, and there were a lot.)
    (7) from “Ginger Ninja”: Binger – you must carry every possible weapon with you, and if someone confronts you…you must defend with whatever weapon they are using to attack you. NOW SPAR.
    (8) The same people arguing that Kyle was unjustified in shooting in self-defense (the) people (who were) trying to harm him are the same ones saying Ashli Babbitt deserved it.
    (Not discussed by F&B, right at the end of the show, but certainly accurate.)

    Both have a lot of faith in the honorable Kenoshans making the right decision.
    HOWEVER –
    Barnes predicted an acquittal would happen on Tuesday – so this delay is not good.
    https://www.thenewneo.com/2021/11/16/the-rittenhouse-jury-has-gone-home-for-the-evening/

    Frei predicts that there will not be violence regardless of verdict – we will see.

    He also said, to a question about Canada ever doing it: Broadcast trials are a good thing for justice…you get to see chicanery afoot and prosecutorial misconduct in real time.

    Barnes called Schroeder a Honey Badger.

    #DisbarBinger

Leave a Reply

Your email address will not be published. Required fields are marked *

HTML tags allowed in your comment: <a href="" title=""> <abbr title=""> <acronym title=""> <b> <blockquote cite=""> <cite> <code> <del datetime=""> <em> <i> <q cite=""> <s> <strike> <strong>