American Thinker by Civis Americanus 9/9/2022
A prosecutor who uses his or her authority to virtue signal to the public to advance his or her political career is more dangerous to society than all but the most violent criminals.
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Kyle's Law
Attorney Andrew Branca, whose opinions often appear on William Jacobson's blog Legal Insurrection, has proposed what he calls Kyle's Law due to what he and I both regard as a politically motivated prosecution of Kyle Rittenhouse for what was obviously self-defense.
"Too often, rogue prosecutors bring felony criminal charges against people who were clearly doing nothing more than defending themselves, their families, or others from violent criminal attack. …The only motivation of the prosecutor is personal aggrandizement and political capital." Kyle's Law would sanction not only the jurisdiction but also the prosecutor who brings a junk case, to be defined as one in which the prosecutor lacks even preponderance of evidence rather than beyond a reasonable doubt that the defendant did anything wrong.
The American Bar Association's Rules of Professional Conduct state meanwhile, "A lawyer shall not bring or defend a proceeding, or assert or controvert an issue therein, unless there is a basis in law and fact for doing so that is not frivolous…" and also "The prosecutor in a criminal case shall: (a) refrain from prosecuting a charge that the prosecutor knows is not supported by probable cause…" and probable cause requires a "reasonable belief" that the defendant has committed a crime.
If, for example, a video of a self-defense shooting shows clearly that the person who was shot initiated a deadly confrontation, perpetuated it by not allowing the subject of their attack to retreat in complete safety, and menaced the shooter with immediate deadly force, as did all three of Rittenhouse's assailants, that's proof beyond a reasonable doubt in favor of the shooter that the shooting was justified. If we look within the four corners of the charges against Rittenhouse, the prosecutors did not contest this version of the events. Joseph Rosenbaum initiated a confrontation in which he attempted to strong-arm rob Rittenhouse (a violent felony by itself) of a firearm he could have turned against Rittenhouse on the spot and also one which, as a convicted felon, it was unlawful for Rosenbaum to handle. Anthony Huber the domestic abuser was a member of a mob (which constitutes disparity of force and therefore deadly force) that pursued Rittenhouse while yelling violent threats, thus putting Rittenhouse in reasonable fear for his life and denying him the opportunity to retreat in complete safety. He then menaced and struck Rittenhouse with a deadly contact weapon when Rittenhouse was on the ground. The third man, Gaige Grosskreutz, pursued Rittenhouse with a drawn handgun, which again constituted an implied threat, along with the immediate means of carrying it out.
More:
https://www.americanthinker.com/articles/2022/09/get_the_word_out_about_kyles_law.html
