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Title: The creaTion of funcTionally a separaTe judicial sysTem ... subservienT To The DemocraTs leaves noT much in The way of peaceful due process --- To resolve differences.
Source: pbs.org
URL Source: https://www.pbs.org/newshour/nation ... -justice-in-ahmaud-arbery-case
Published: May 23, 2020
Author: Subotai Bahadur
Post Date: 2020-05-23 21:45:02 by BorisY
Keywords: huTus mau maus devilcraTs, huTus mau maus devilcraTs, huTus mau maus devilcraTs
Views: 147
Comments: 2

Saturday, May 23

WATCH: Georgia prosecutor pledges to find justice in Ahmaud Arbery case

Nation May 22, 2020

DECATUR, Ga. — The Atlanta-area prosecutor now handling the fatal shooting of Ahmaud Arbery spoke for the first time about the case on Friday, pledging to “make sure that we find justice” for a broken family and community.

Georgia Bureau of Investigation Director Vic Reynolds also appeared alongside Cobb County District Attorney Joyette Holmes, saying that “at this point we feel confident the individuals who needed to be charged have been charged.”

READ MORE: What we know about the fatal shooting of Ahmaud Arbery

Their news conference at GBI headquarters in Decatur followed the arrest on Thursday of William “Roddie” Bryan Jr. on charges of felony murder and criminal attempt to commit false imprisonment.

Bryan, 50, is the man whose cellphone video of Arbery’s shooting prompted a national outcry. Gregory and Travis McMichael were arrested on murder and aggravated assault charges after the video spread on social media, more than two months after the slaying.

“We are going to make sure that we find justice in this case. We know that we have a broken family and a broken community down in Brunswick,” Holmes said. Asked how Bryan could be charged with murder if he didn’t pull the trigger on the weapon used to kill, Reynolds referred to Bryan’s arrest warrant, which says he tried “to confine and detain” Arbery without legal authority by “utilizing his vehicle on multiple occasions” before Arbery was shot.

Bryan’s attorney, Kevin Gough, has said his client played no role in Arbery’s death, asserting that “Roddie Bryan is not now, and has never been, more than a witness to the shooting.”

But the GBI director said Friday that “if we believed he was a witness, we wouldn’t have arrested him.”

Under Georgia law, a felony murder charge means that a death occurred during the commission of an underlying felony and doesn’t require intent to kill. A murder conviction in Georgia carries a minimum sentence of life in prison, either with or without parole.

READ MORE: Man who filmed fatal shooting of Ahmaud Arbery arrested on murder charge

Reynolds said the investigation into Arbery’s killing is still active and ongoing but that he expects his investigators will finish soon and hand over the case to Holmes. He said he also expects the investigation into the handling of the case by two local prosecutors to be completed soon and turned over to the attorney general’s office.

The GBI is also working “hand in hand” with federal officials, Reynolds said. Since Georgia lacks a hate crime law, any hate crime prosecution would have to be done by the U.S. Justice Department.

Arbery was slain Feb. 23 when the white father and son armed themselves and pursued the 25-year-old black man running in their neighborhood. Gregory McMichael told police he suspected Arbery was a burglar and that Arbery attacked his son before being shot. Bryan lives in the same subdivision, just outside the port city of Brunswick.

After Bryan’s video leaked online May 5, Gov. Brian Kemp called the slaying “absolutely horrific.” The GBI took over the case from local police, and the arrests of the McMichaels followed on May 7.

The Glynn County police incident report says Gregory McMichael told an officer that at one point Arbery “began running back the direction from which he came and `Roddy’ attempted to block him which was unsuccessful.” It’s the only mention in the police report of any potential involvement by Bryan.

Gough did not immediately return email and text messages Friday. He did not answer his phone and his voicemail was full. His statement Monday said Bryan “is not a vigilante. Roddie did not participate in the horrific killing of this young man. Mr. Bryan has committed no crime, and bears no criminal responsibility in the death of Ahmaud Arbery.”

Attorneys for Arbery’s parents expressed gratitude over Bryan’s arrest.

READ MORE: Law enforcement ties, long delay complicate Arbery case

“We called for his arrest from the very beginning of this process,” attorneys S. Lee Merritt, Benjamin Crump and L. Chris Stewart said in a statement. “His involvement in the murder of Mr. Arbery was obvious to us, to many around the country and after their thorough investigation, it was clear to the GBI as well.”

Gregory McMichael retired last year after more than two decades as an investigator for the local prosecutor’s office. Because of those ties, Brunswick Judicial Circuit District Attorney Jackie Johnson recused herself. Two other outside prosecutors stepped aside in succession before Holmes was appointed.

Now Bryan is behind bars along with the McMichaels in the Glynn County jail. A judge has yet to decide whether to free them on bond pending trial. Attorneys for the father and son have urged people not to rush to judgment.

Bynum reported from Savannah, Ga.


Grand jury to weigh charges in Georgia shooting of Ahmaud Arbery

By Russ Bynum, Associated Press

Attorney for Ahmaud Arbery’s family: ‘Why do we have 2 justice systems in America?’

2 men arrested in death of Ahmaud Arbery, Georgia man shot while jogging

By Russ Bynum, Ben Nadler, Associated Press

Go Deeper

ahmaud arbery


racial violence

By — Kate Brumback, Associated Press

By — Russ Bynum, Associated Press

Video appearing to show killing of black jogger Ahmaud Arbery sparks outrage Nation May 06

Report: Judge in Michael Flynn case hires a lawyer… for the Judge

Posted by William A. Jacobson

May 23, 2020

WaPo reports Judge Emmet Sullivan has hired high-profile D.C. lawyer Beth Wilkinson to help him respond to the appeals court order that he explain his conduct in the Flynn case.

Judge Emmet Sullivan has been ordered by the D.C. Circuit Court of Appeals to explain his actions In the Michael Flynn case.

Those actions include apppointing a former federal Judge with a known hostility to Flynn to argue against the government’s motion to dismiss the case and to consider whether Flynn should be held in criminal contempt for perjury (presumably in connection with his guilty plea, which Flynn now renounces).

* comment *

Subotai Bahadur

May 23, 2020

I am somewhat more pessimistic. Sullivan would not have taken this stand in the first place if he did not have the assurance of the Democrats, including their Nomenklatura that something more was up.

His appointments outside the normal criminal law procedures implies a strong possibility that the Left has decided to split and discredit the entire Judicial branch.

At which point, disputes will depend on which side’s judge has the case regardless of law, precedence, or anything approximating justice.

We have a duly elected President who the Democrats are trying to unconstitutionally overthrow.

We have the Democrats and part of the Republicans joining in the overthrow.

We have the entire electoral system under attack with the validity of votes and voters, the chain of custody of votes, and the counting being placed into question.

In Democrat controlled states, the governments are trying to claim the right to and to factually suppress the Constitution and the Bill of Rights at will. They are doing that in no small part by ignoring judicial rulings against them.

The creation of functionally a separate judicial system subservient to the Democrats leaves not much in the way of peaceful due process to resolve differences.

Der Krieg ist eine bloße Fortsetzung der Politik mit anderen Mitteln.

It might be reasonable to prepare for interesting times.


Subotai Bahadur

Poster Comment:

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This coming

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“We are going to make sure that we find justice in this case. We know that we have a broken family and a broken community down in Brunswick,” Holmes said.

Asked how Bryan could be charged with murder if he didn’t pull the trigger on the weapon used to kill, Reynolds referred to Bryan’s arrest warrant, which says he tried “to confine and detain” Arbery without legal authority by “utilizing his vehicle on multiple occasions” before Arbery was shot.

George E. Barnhill District Attorney
306 Albany Avenue Waycross ,Georgia 31501

(912) 287-4395 FAX (912) 287-4399

Captain Tom Jump

Glynn County Police Department
Investigation Division
157 Public Safety Blvd.
Brunswick , GA 31525

Email: tjump@ glynncounty-ga.gov

Ref : Glynn County, The Shooting death of Ahmaud Arbery ,

Feb 23rd, 2020

Dear Captain Jump :

My office received the Arbery autopsy report [dated 4/1/2020 yesterday and have reviewed it yesterday and this morning. We were waiting on this important evidentiary article before finalizing our opinions.

However, since we were initially requested to handle the case the victims mother has clearly expressed she wants myself and my office off the case. She sees a conflict in that my son works in the Brunswick District Attorney’s Office where Greg McMichael retired sometime ago. She believes there are kinships between the parties [there are not and has made other unfounded allegations of bias [es]. As such, I believe it is better for my office to step out and am going to recuse myself and the Assistants working for me from handling the case. I am contacting the Georgia Attorney General Office and seeking their assistance in finding another District Attorney in the State to handle the further evaluation for prosecution this case. That is, to determine whether there is sufficient evidence on which to make a Grand Jury presentation or not.

Given the Governor’ s current shelter in place order and Justice Meltons Judicial Emergency Order; I can not venture a guess as to when they will move on this request, and once another is found; when that District Attorney will have the staff available to review this case file. I hope for all involved it will move along as quickly as possible.

After talking by telephone with you yesterday, I appreciate there is immediate pressure on your department as to the issue of Arrest”. Since I have already given you an initial opinion the day after the shooting, I feel I can still comment on this limited issue.


I am the current elected District Attorney for the Waycross Circuit, I have worked as a criminal prosecutor for some 36 years. As an Assistant District Attorney in Waycross and Brunswick, as Chief Assistant in Waycross for 20 years and served as the District Attorney the last 5 years; I have been actively involved in over 100 murder cases and assisted other prosecutors with at least 100 more. I have no idea how many Aggravated Assault cases involving gunshots and wounds of all types; Plus I have attended countless schools, classes and seminars on criminal prosecution and criminal acts and evidence. Myself and one of my Senior Trial Attorneys have reviewed the evidence extensively and concur on all points.


As to the case at hand: It is my professional belief the autopsy confirms what we had already viewed as shown in the video tape, with the photographs & from the witness statements taken immediately at the scene. The autopsy supports the initial opinion we gave you on February 24th, 2020 at the briefing room in the Glynn County Police Department after reviewing the evidence you had at that time. We do not see grounds for an arrest of any of the three parties.


It appears Travis McMichael,Greg McMichael, and Bryan William were following, in pursuit burglary suspect, with solid first hand probable cause, in their neighborhood,and asking/tellinghim to stop. It appears their intent was to stop and hold this criminal suspect until law enforcement arrived. Under Georgia Law this is perfectly legal.

OCGA 17-4-60 “A private person may arrest an offender if the offense is committed in his presence or within his immediate knowledge. If the offense is a felony and the offender is escaping or attempting to escape, a private person may arrest him upon reasonable and probable grounds of suspicion.”


It clearly appears Travis McMichael and Greg McMichael had firearms being carried in an open fashion. The investigation shows neither of them to be convicted felons or under felony supervision, they were in a motor vehicle owned by Travis McMichael. Under Georgia Law this is legal open carry. OCGA 16- 11 - 126

“a) Any person who is not prohibited by law from possessing a handgun or long gun may have or carry on his or her person a weapon or long gun on his or her property or inside his home, motor vehicle, or place of business without a valid weapons carry license.

(b) Any person who is not prohibited by law from possessing a handgun or long gun may have or carry on his person a long gun without a valid weapons carry license, provided that if the longgun is loaded, it shall only be carried in an open and fully exposed manner.”


The video made by William Bryan clearly shows the shooting in realtime. From said video it appears Ahmaud Arbery was running along the right side of the McMichael truck then abruptly turns 90 degrees to the left and attacks Travis McMichael who was standing at the front left corner of the truck.

A brief skirmish ensues in which it appear Arbery strikes McMichael and appears to grab the shotgun and pull it from McMichael The shot is through Arberys right hand palm which is consistent with him grabbing and pulling the shotgun at the barrel tip, the 2nd and 3rd wounds are consistent with the struggle for the shotgun as depicted in the video, the angle of the 2nd shot with the rear of the buttstock being pushed away and down from the fight are also consistent with the upward angle of blood plume shown in the video and that McMichael was attempting to push the gun away from Arbery while Arbery was pulling it toward himself.

The 3rd shot too appears to be in a struggle over the gun. The angle of the shots and the video show this was from the beginning or almost immediately became — a fight over the shotgun . Given the fact Arbery initiated the fight, at the point Arbery grabbed the shotgun, under Georgia Law , McMichael was allowed to use deadly force to protect himself. Just as importantly, while we know McMichael had his finger on the trigger, we do not know who caused the firings.

Arbery would only had to pull the shotgun approximately 1/16th to 1/8th of one inch to fire weapon himself and in the height of an altercation this is entirely possible. Arberys mental health records & prior convictions help explain his apparent aggressive nature and his possible thought pattern to attack an armed man.

OCGA 16-3-21 Use of Force in Defense, once confronted with a deadly force situation an individual is allowed to use deadly force to defend themselves or others OCGA 16-3-23.1 Georgia’ s No Duty to Retreat Law ,an individual is not required to back away from or submit to an attack; OCGA 16 -3-24 [b] The use of force which is intended or likely to cause death or great bodily harm to prevent trespass on or other tortious or criminal interference with real property other than a habitation or personal property is not justified unless the person using such force reasonably believes that it is necessary to prevent the commission of a forcible felony. OCGA 16-3-24.2 A person properly and legally defending themselves is immune from prosecution

For the above and foregoing reasons, it is our conclusion there is insufficient probable cause to issue arrest warrants at this time.

As to any further issues on whether to present this to a Glynn County Grand jury, that will have to wait for the next District Attorneys review. Please consider this an OPEN file until that decision is made and restrict the release ofany information under Georgia Open Records Act requests.


George E. Barnhill
District Attorney Waycross Judicial Circuit

... Somalia --- usa

If you ... don't use exclamation points --- you should't be typeing ! Commas - semicolons - question marks are for girlie boys !

BorisY  posted on  2020-05-24   2:52:55 ET  Reply   Trace   Private Reply  

#2. To: All, gatlin, nalu chan (#0) (Edited)

inTeresTing find

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Article VI, Clause 2

Posted by Subotai Bahadur on 18th August 2017 (All posts by Subotai Bahadur)

Now I am pretty sure that a goodly percentage of the Gentle Readers are looking at the title and going, “What???”

A significant number will recognize it as a reference to the Constitution, but to be honest only a limited number of people know that Article I defines the Legislative Branch, Article II the Executive, and Article III the Judicial. Most people are not quite sure about the other Articles.

Let’s cut to the chase. It is the Supremacy Clause:

This Constitution, and the Laws of the United States which shall be made in Pursuance thereof; and all Treaties made, or which shall be made, under the Authority of the United States, shall be the supreme Law of the Land; and the Judges in every State shall be bound thereby, any Thing in the Constitution or Laws of any State to the Contrary notwithstanding.

The reason that states have to obey Federal laws and the Constitution as a whole is specifically because of this clause of the Constitution. That obedience is not optional, conditional, or debatable. If you are part of the United States, you are subject to Federal law and your “feelz” otherwise have no bearing. If you disagree with Federal law, if you want to deny rights under the Constitution, you are out of luck.

You can try to change it in court. You can try to have Congress pass a change to the law or repeal it. You can try to amend the Constitution. But the Federal power in the areas where the Constitution grants lawmaking power to the Federal government over-rides anything the States can do.

This is key to the functioning of a free, constitutional republic. If a state, or group of states, can defy the Federal government at will, there is no Federal government. There is no equal justice under the law. And there is, in fact, no rule of law.

This was recognized from the beginning. In Federalist #44 James Madison pointed out that if it was not included, then each state would have functional veto power over the entire country. Without it, the country would not work. There have been 3 attempts to over-ride or ignore the Supremacy clause and each was aimed at destroying the country.

Read ... The resT --- of This enTry »


If you ... don't use exclamation points --- you should't be typeing ! Commas - semicolons - question marks are for girlie boys !

BorisY  posted on  2020-05-25   18:50:25 ET  Reply   Trace   Private Reply  

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