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Culture War Roundup for the week of April 17, 2023

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Remember the Alt-Right march in Charlottesville in 2017? Feels like forever ago. Today several people were indicted on felony charges for "intimidation" related to the tiki torch march:

An Albemarle County grand jury issued indictments of burning an object with the intent to intimidate.

According to a release, these indictments allege an offense date of Aug. 11, 2017.

The charge is a Class 6 felony and anyone who is convicted may face up to five years in prison.

These indictments are part of an ongoing, active criminal investigation connected with the march and the violent Unite the Right rally that occurred the next day.

There is no statute of limitations on felonies in Virginia.

Here is Section 18.2-423.01-B of the Code of Virginia:

ยง 18.2-423.01. Burning object on property of another or a highway or other public place with intent to intimidate; penalty.

A. Any person who, with the intent of intimidating any person or group of persons, burns an object on the private property of another without permission, is guilty of a Class 6 felony.

B. Any person who, with the intent of intimidating any person or group of persons, burns an object on a highway or other public place in a manner having a direct tendency to place another person in reasonable fear or apprehension of death or bodily injury is guilty of a Class 6 felony.

Apparently this case was the subject of a minor debate in the campaign of the sitting prosecutor and his challenger:

But in Virginia, prosecutors come and go and a felony lives forever. In an October 2019 debate between then-sitting prosecutor Tracci and his challenger, Jim Hingeley, Tracci again scoffed at the idea of indicting these cases, saying Hingeley's belief that it was even possible was a sign he was inexperienced and wrong for the job. A month later, in November 2019, Hingeley won the election. Now it seems he's trying to make good on his campaign promise of proving Robert Tracci wrong.

It goes without saying that this is a political persecution, a few years ago I would have assumed First Amendment protections would still hold even for the far right but I think that ship has sailed. I am confident they will be able to get convictions or guilty pleas for a lesser sentence. Who would want to face five years for holding a tiki torch at a political rally?

The process is the punishment. Even if their imminent convictions are overturned because of the first Ammendment, they will have been enormously harmed by the long and expensive trial.