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Culture War Roundup for the week of September 4, 2023

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Why should we expect similar charges and sentences in these two scenarios?

Because some people are still stupid enough to maintain a belief in equal protection under the law.

It is unreasonable to expect a tragic accident among protestors to spawn comparable charges to a deliberate plan.

A massive amount of the popular consensus against the Jan 6th protesters was secured through coordinated lies about the death of Officer Sicknick, which was in fact a tragic accident, but was presented for months as a deliberate murder in order to demonize everyone who attended the protest. Likewise, there is zero reason to describe the chaotic destruction of public property, which was without doubt deliberately planned, as a "tragic accident". People did dangerous, stupid things on purpose, and fucked a person up so bad they nearly died. If I rob a bank and fire a bunch of rounds to keep the cops' heads down, and one of those bullets hits a kid in the gut, that's a crime, not a "tragic accident".

But of course, as this as in all things, framing is everything.

And it is irresponsible to insist that, when these vastly different scenarios yield any difference in outcome, it is proof of an insidious conspiracy.

No, it isn't. We have ample evidence that the authorities play favorites in their enforcement of the law. Having seen that evidence, it is no longer reasonable expect us to grant them the benefit of the doubt when outcomes differ. Maybe you're right, and partisan motives have nothing to do with it this time. But they burned the trust required to accept that explanation, and nothing was done, and so the trust is no longer a viable option.

I don’t believe for a minute that Trump supporters would be satisfied with 13-year sentences for the ringleaders.

Trump supporters don't see riot organizers getting 13-year sentences for approved riots. Why would they accept 13-year sentences for this riot? The correct sentence is a night in jail to polish the radical credentials and arrange good photo-ops, and then a polite release.

You're thinking of the Angela Davis track, where one conspires in an armed attack on our lawful institutions resulting in multiple murders, which leads to tenured positions at premiere educational institutions. Easy mistake to make.

Equal protection implies equal crimes.

I am not basing my condemnation on Officer Sicknick. He’s not mentioned in these extreme charges, either. If anyone was charged in his death, I haven’t seen it—what was the resulting sentence?

Your bank robbery hypothetical smuggled in an innocent bystander instead of a willing accomplice. I’d think you would endorse the cops saying “live by the sword…” rather than demanding justice for a bank robber wounded by his conspirators. And it’s not like accidental injuries are a surefire way to get charged.

As for Dr. Davis, I observe she was in fact charged and acquitted. Perhaps the police bit off more than they could chew, charging her with kidnapping and murder? Or the CPUSA played dirty by defending her with jury selection and expert witnesses? If you’d like to argue that it was all witness intimidation and political pressure, be my guest—it’s always interesting to read about the wild days of the 1970s.

The Jan. 6 actions are obviously not the same as any of these. They were less violent, more coordinated, and targeted different people. You can’t find BLM protestors getting away with 40 USC §5104(e) for the same reason that you won’t see Proud Boys getting bargains for statue-toppling: they aren’t committing the same crimes. Different crimes, different charges, different outcomes.