A judge has thrown out a conviction and ordered a retrial for an activist after she laughed during the confirmation hearing of Attorney General Jeff Sessions, according to the Reuters news agency.
Desiree Fairooz, a 61-year-old Code Pink member, was arrested in January after she laughed at the Senate Judiciary Committee hearing when a lawmaker said Sessions treated all Americans equally. In May, a jury found her guilty of two charges related to demonstrating on Capitol grounds.
Chief Judge Robert Morin of the District of Columbia Superior Court overturned the verdict on Friday and ordered a new trial, saying that it was unclear if Fairooz was convicted for laughing or for speaking as she was removed, her lawyer, Samuel Bogash, told Reuters.
"The government's position was that laughing alone was enough to convict. But the judge made it clear that he didn't think it was," Morin said.
Code Pink said on Facebook that Fairooz called the retrial as a waste of taxpayer money.
"I would have never spoken out at the hearing if I hadn't been arrested for laughing, and now I am going to be tried again! It's absurd. This is a waste of everyone's time and a waste of tens of thousands of dollars in taxpayers money. The only thing more ridiculous than being tried for laughing, is being tried twice for laughing," she said, according to the post.
The judge did not set a date for the retrial, but scheduled a status hearing for September 1, according to Reuters.
#1: A K A Stone To: cranky (#0)
A K A Stone posted on 2017-07-15 09:06:59 Reply Private Reply
#2: misterwhite To: cranky (#0)
I agree. And if you believe that, plead guilty (which you are) and save everyone's time and tens of thousands of dollars in taxpayers money.
misterwhite posted on 2017-07-15 10:02:46 Reply Private Reply
#3: misterwhite To: cranky (#0)
misterwhite posted on 2017-07-15 10:10:05 Reply Private Reply
#4: misterwhite To: cranky (#0)
That might matter in a bench trial, but this was a jury trial. The jury thought it was enough to convict and they did so. Unanimously.
misterwhite posted on 2017-07-15 10:11:47 Reply Private Reply
#5: misterwhite To: A K A Stone (#1)
Even during a confirmation hearing? It won't take long before these activists realize that with enough people exercising free speech they could shut down all of Trump's nominees.
Is that what the Founders had in mind? A small group of people negating the will of 60 million voters?
misterwhite posted on 2017-07-15 10:19:31 Reply Private Reply
#6: A K A Stone To: misterwhite (#5)
A K A Stone posted on 2017-07-15 10:23:15 Reply Private Reply
#7: A Pole To: misterwhite (#3)
Laughing like coughing might be involuntary. Is it still a crime?
A Pole posted on 2017-07-15 10:47:30 Reply Private Reply
#8: misterwhite To: A Pole (#7)
Coughing is definitely a crime. As far as "involuntary" laughing, I'm sure a jury could sort that out.
misterwhite posted on 2017-07-15 11:06:18 Reply Private Reply
#9: IbJensen To: cranky (#0)
Desiree isn't desirable; she's just a garden variety kook. She looks a lot like Bernie in a wig.
IbJensen posted on 2017-07-15 11:56:57 Reply Private Reply
#10: misterwhite To: IbJensen (#9)
With a name like Desiree, I doubt anyone took her seriously her entire life.
misterwhite posted on 2017-07-15 12:01:27 Reply Private Reply
#11: cranky To: IbJensen (#9)
I'm guessing the 's' in 'she' is optional.
cranky posted on 2017-07-15 16:43:26 Reply Private Reply