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Any civil rights lawsuit against Kyle Rittenhouse 'will fail'

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  • Any civil rights lawsuit against Kyle Rittenhouse 'will fail'

    Any civil rights lawsuit against Kyle Rittenhouse 'will fail,' legal analysts say

    Following the jury's acquittal of Kyle Rittenhouse , the teenager who beat felony homicide charges over the deaths of two protesters in Kenosha, Wisconsin , legal analysts contend any follow-up civil rights case "will fail" if prosecutors push for one.

    The verdict prompted a condemning response from the likes of House Judiciary Committee Chairman Jerry Nadler, who tweeted Nov. 19 that the full acquittal was a "miscarriage of justice" that "justifies federal review" by the Department of Justice . However, legal analyst and Cornell Law School professor William Jacobson told the Washington Examiner the self-defense evidence in Rittenhouse's criminal case "will be just as overwhelming in a civil case."

    "There is no obvious basis for a civil rights prosecution against Rittenhouse," said Jacobson, who is also the founder of the Legal Insurrection blog and followed the trial daily.

    "The videos are the videos, and the testimony already is under oath from witnesses and alleged victim Gaige Grosskreutz. A civil case will fail even by a preponderance of the evidence," Jacobson added.

    Constitutional law professor Jonathan Turley wrote Sunday that the DOJ does not possess an office for the prosecution of "miscarriages of justice" and furthered it would be a "dangerous precedent" to probe a jury's decision based on a disagreement with the verdict.

    "Rittenhouse was acquitted on state charges by a state jury. Moreover, while some have called for reducing self-defense protections, the jury applied the law as it currently appears on the books," Turley opined in a Fox News article. "It is not allowed to simply ignore the law to seek our own criminal justice rules."

    Turley also claimed federal prosecutors would have no grounds to stand on for a civil rights prosecution. "Rittenhouse is white and shot three white men. He was not accused of a hate crime," the law professor added, noting Rittenhouse was not a law enforcement member and "did not deprive anyone of their civil rights under federal law."

    The families of the deceased protesters, Joseph Rosenbaum, 36, and Anthony Huber, 26, might have an actionable case for a civil liability case, some experts have noted, pointing to the families of Ron Goldman and Denise Brown who filed a civil lawsuit against O.J. Simpson after a jury cleared the former athlete of double murder charges. A civil panel found Simpson liable for Goldman's and Brown's deaths, and he was forced to pay a sum of the $33.5 million judgment.

    Some legal analysts say the burden of proof by a preponderance of evidence instead of beyond a reasonable doubt could prove advantageous to prosecution if a civil case was brought against Rittenhouse.

    University of California Hastings College of Law professor Rory Little said the federal government is likely to investigate to determine whether or not a criminal civil rights violation happened against the deceased parties, according to NBC News.

    "In a civil case, you can broaden the field," Little said Friday. He contended that while authorities can bring such charges, they likely won't due to the burden of proof remaining the same as state criminal court.

    The first to state his case seems right until another comes and cross-examines him.

  • #2
    Originally posted by Cow Poke View Post
    Any civil rights lawsuit against Kyle Rittenhouse 'will fail,' legal analysts say

    Following the jury's acquittal of Kyle Rittenhouse , the teenager who beat felony homicide charges over the deaths of two protesters in Kenosha, Wisconsin , legal analysts contend any follow-up civil rights case "will fail" if prosecutors push for one.

    The verdict prompted a condemning response from the likes of House Judiciary Committee Chairman Jerry Nadler, who tweeted Nov. 19 that the full acquittal was a "miscarriage of justice" that "justifies federal review" by the Department of Justice . However, legal analyst and Cornell Law School professor William Jacobson told the Washington Examiner the self-defense evidence in Rittenhouse's criminal case "will be just as overwhelming in a civil case."

    "There is no obvious basis for a civil rights prosecution against Rittenhouse," said Jacobson, who is also the founder of the Legal Insurrection blog and followed the trial daily.

    "The videos are the videos, and the testimony already is under oath from witnesses and alleged victim Gaige Grosskreutz. A civil case will fail even by a preponderance of the evidence," Jacobson added.

    Constitutional law professor Jonathan Turley wrote Sunday that the DOJ does not possess an office for the prosecution of "miscarriages of justice" and furthered it would be a "dangerous precedent" to probe a jury's decision based on a disagreement with the verdict.

    "Rittenhouse was acquitted on state charges by a state jury. Moreover, while some have called for reducing self-defense protections, the jury applied the law as it currently appears on the books," Turley opined in a Fox News article. "It is not allowed to simply ignore the law to seek our own criminal justice rules."

    Turley also claimed federal prosecutors would have no grounds to stand on for a civil rights prosecution. "Rittenhouse is white and shot three white men. He was not accused of a hate crime," the law professor added, noting Rittenhouse was not a law enforcement member and "did not deprive anyone of their civil rights under federal law."

    The families of the deceased protesters, Joseph Rosenbaum, 36, and Anthony Huber, 26, might have an actionable case for a civil liability case, some experts have noted, pointing to the families of Ron Goldman and Denise Brown who filed a civil lawsuit against O.J. Simpson after a jury cleared the former athlete of double murder charges. A civil panel found Simpson liable for Goldman's and Brown's deaths, and he was forced to pay a sum of the $33.5 million judgment.

    Some legal analysts say the burden of proof by a preponderance of evidence instead of beyond a reasonable doubt could prove advantageous to prosecution if a civil case was brought against Rittenhouse.

    University of California Hastings College of Law professor Rory Little said the federal government is likely to investigate to determine whether or not a criminal civil rights violation happened against the deceased parties, according to NBC News.

    "In a civil case, you can broaden the field," Little said Friday. He contended that while authorities can bring such charges, they likely won't due to the burden of proof remaining the same as state criminal court.
    "It is not allowed to simply ignore the law to seek our own criminal justice rules."

    To clarify. We're talking about someone (Jerrold Poopy-pants Nadler) who was as deeply involved in the First Impeachment Circus as was Adam Schiff, where they ignored rules and precedent to do what they want, when they want

    I'm always still in trouble again

    "You're by far the worst poster on TWeb" and "TWeb's biggest liar" --starlight (the guy who says Stalin was a right-winger)
    "Overall I would rate the withdrawal from Afghanistan as by far the best thing Biden's done" --Starlight
    "Of course, human life begins at fertilization that’s not the argument." --Tassman

    Comment


    • #3
      Originally posted by rogue06 View Post

      "It is not allowed to simply ignore the law to seek our own criminal justice rules."

      To clarify. We're talking about someone (Jerrold Poopy-pants Nadler) who was as deeply involved in the First Impeachment Circus as was Adam Schiff, where they ignored rules and precedent to do what they want, when they want
      EGGzackly... but I started this thread to deal specifically with any civil trial that may arise from the Rittenhouse trial.
      The first to state his case seems right until another comes and cross-examines him.

      Comment


      • #4
        Yeah, given the video evidence and damning testimony from the prosecution's own star witness, I can't imagine there can be much ground for a civil suit. And repeating terminally disproven allegations aren't valid grounds.

        I'm always still in trouble again

        "You're by far the worst poster on TWeb" and "TWeb's biggest liar" --starlight (the guy who says Stalin was a right-winger)
        "Overall I would rate the withdrawal from Afghanistan as by far the best thing Biden's done" --Starlight
        "Of course, human life begins at fertilization that’s not the argument." --Tassman

        Comment


        • #5
          well they would need to wait until Rittenhouse wins millions in his own lawsuits against the MSM before anyone could sue him civilly, since right now he is a poor teenager with empty pockets. But if he wins millions from the MSM for their defamation and lies, then that would probably destroy any argument any family members would try to use against him in their lawsuit.

          Comment


          • #6
            Originally posted by Sparko View Post
            well they would need to wait until Rittenhouse wins millions in his own lawsuits against the MSM before anyone could sue him civilly, since right now he is a poor teenager with empty pockets. But if he wins millions from the MSM for their defamation and lies, then that would probably destroy any argument any family members would try to use against him in their lawsuit.
            But as you said, the first step needs to be taken...

            I'm always still in trouble again

            "You're by far the worst poster on TWeb" and "TWeb's biggest liar" --starlight (the guy who says Stalin was a right-winger)
            "Overall I would rate the withdrawal from Afghanistan as by far the best thing Biden's done" --Starlight
            "Of course, human life begins at fertilization that’s not the argument." --Tassman

            Comment

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