PHILADELPHIA, PA – In order to address the violence and
destruction present in decidedly non-peaceful protests across the
United States, federal officials have utilized a 1968 civil rights
statute to bring federal charges against violent
perpetrators.
That statute,
reportedly rarely utilized since the days of the Nixon
administration, has lately been brought forth in approximately
two dozen cases across the country.
Feds go after protesters with
rarely used civil disorder law enacted in 1960s || Via nbcnews
https://t.co/HSqj8WXjXW— SafetyPin-Daily (@SafetyPinDaily)
October 31, 2020
The law calls for a fine or imprisonment, or both, for
individuals involved in civil disorders who seek to “obstruct,
impede, or interfere with any fireman or law enforcement officer
lawfully engaged in the lawful performance of his official
duties” while committing a civil disorder that obstructs
commerce.
In addition, the statute also calls for fine or imprisonment, or
both, for “[w]hoever transports or manufactures for
transportation in commerce any firearm, or explosive or incendiary
device, knowing or having reason to know or intending that the same
will be used unlawfully in furtherance of a civil disorder.”
According to a case review by
NBC News, the statute has been used in Houston, TX, Boston, MA,
Chicago, IL, the state of Delaware, the state of South Carolina,
Mobile, AL,� Rochester, NY, Erie, PA, Portland, OR, and most
recently, Philadelphia, PA.
In Philadelphia, for instance, United States Attorney William M.
McSwain has
charged four individuals under the statute. One, Ayoub Tabri,
allegedly destroyed a vehicle belonging to the Philadelphia State
Patrol by throwing a lit road flare into it during a violent riot
in which multiple protestors attacked the vehicle, shattering
windows and stealing the equipment inside. Tabri’s actions
allegedly also caused a PSP trooper to be lit on fire, injuring
him.
In addition McSwain’s office charged three individuals, Carlos
Matchett, Khalif Miller and Anthony Smith, under the statute after
the trio were allegedly involved in the fiery destruction of a
Police Department vehicle during a civil disorder.
All four defendants,
if convicted:
“face a mandatory minimum of seven years in prison
and a maximum possible sentence of 65 years in prison, followed by
three years of supervised release, a fine of up to $750,000, and a
special assessment of $300.â€
Here are my remarks from
today’s press conference. In case you would like a summary, here
it is. Peaceful protest = good. Violence and arson = bad. Don’t
commit violence and arson. Unless you want to go to federal prison
for many years. https://t.co/WMnmrUK0jq— US Attorney William M. McSwain (@USAttyMcSwain)
October 29, 2020
Regarding the use of the statute, McSwain clearly delineated
for the press on October 29 the difference between violent and
non-violent protests.
Pointing out the importance of preserving both freedom of speech
and the rule of law, McSwain stated:
“The City’s residents deserve to have their
voices heard, and they deserve safe and secure neighborhoods, not
mayhem.
“Mayhem – in the form of rioting, looting,
robbery, arson, destruction of property, attacks on police officers
and other forms of violence – does not bring justice. It
accomplishes nothing.â€
In a message to potential violent protestors, he added:
“If you are a protestor trying to communicate a
message, engaging in mayhem obscures that message. It also turns
public opinion squarely against you.
“And most significantly, it can land you in federal
prison for a long time. Criminal behavior has been and will be met
with swift and decisive action by my Office. That form of justice
will be served.â€
A violent protestor was similarly charged in Mobile, AL.
Protestor
Tia Pugh allegedly used a baseball bat to smash the windows of
a police cruiser occupied by an officer. Initially, Pugh was
charged with inciting a riot and criminal mischief, two
misdemeanors. However, the U.S. Attorney’s office in Alabama has
now charged her with civil disorder under the statute, as she
allegedly interfered with interstate commerce.
In some cases, federal prosecution appears in part to make up
for lack of local enforcement of the law. In Portland, OR, where
progressive District Attorney Mike Schmidt declined to prosecute a
whopping
68% of charges against rioters, there have reportedly been
seven federal charges under the statute.
As one might expect, those who defend the actions of violent
rioters have found fault with the use of the statute.
Supporters of alleged Philadelphia arsonist Anthony Smith claim
that Smith was targeted because he is an activist for the
Philadelphia Coalition for Racial Economic and Legal Justice.
Coalition spokesperson Deandra Jefferson called the charges
“ridiculous.â€
Jackson Kusiak, of the Human Rights Coalition of Pennsylvania,
pointed to what he apparently thought was political motivation
behind the use of the law, saying:
“I think this is case-in-point where they’re
taking orders from Attorney General William Barr, they’re
unsealing indictments within a week of an election, and they’re
applying a law that hasn’t been used since the Nixon
administration.â€
Anthony Smith’s lawyer, Paul Hetznecker,
claimed the feds were using prosecution under the statute as a
means to “quell dissent expressed by progressive political
movements.â€
Stephen Kanter, attorney and dean emeritus at Lewis & Clark
Law School in Portland, complained to
NBC News that the federal government was “choos[ing] to
misuse the law.â€
Kanter stated:
â€It’s one thing if state and local officials are asking
for the federal government to prosecute.â€
He then added:
“but the mere fact you did something criminal
doesn’t mean you somehow violated federal interests.â€
In addition, the attorney said:
“It’s not normal to have this amount of
aggressive, federal law enforcement in situations where the state
and local jurisdictions are functioning well and can handle these
cases.â€
In an apparent reference to Portland D.A. Mike Schmidt’s
permissive approach to violent protestors, Kanter continued:
“[In] some cities, prosecution is being done
against the will of even the local prosecutor.â€
For his part, U.S. Attorney William McSwain addressed specific
criticisms of federal action against activist Anthony Smith by
maintaining that his office knew nothing of Smith’s affiliations
until after the charges were written up.
McSwain also
stated:
“We do not investigate people at the U.S.
Attorney’s Office; we investigate alleged criminal
behavior….
“In our investigations and prosecutions, all we
care about is whether you committed a federal crime. And if you
did, you will face the consequences.â€
By way of further explanation for federal actions taken by his
office, McSwain noted:
“I want to be clear that we at the U.S.
Attorney’s Office support peaceful protest – indeed, it is part
of our job to protect First Amendment freedoms. We take that
responsibility very seriously.
He went on to say:
“But violence is not speech. There is no right to
riot, loot, rob, commit arson or destroy. If you engage in violent
civil unrest and commit a federal crime in this District, we will
come after you as hard as we can.
McSwain concluded:
“You will go to jail. It is not worth it.â€
Below is our recent report detailing the federal charges against
the four violent protestors in Philadelphia:
PHILADELPHIA, PA- On May 30th,
Law Enforcement Today reported that two Philadelphia Police
Patrol Cars were torched, and now, police have charged the
suspects.
Four of the rioter are facing federal charges for allegedly
setting the police vehicles on fire on May 30th.
On Thursday, October 29th, the U.S. Attorney for the Eastern
District of Pennsylvania, William McSwain, announced charges
against 24-year-old Ayoub Tabri, 25-year-old Khalif Miller,
30-year-old Carlos Matchett, and 29-year-old Anthony Smith on
Thursday, KYW reported.
Anthony Smith ironically is a Youthbuild Charter school social
studies teacher, and “Philly for Real Justiceâ€
representative.
Here is the press release from
today’s charges. The defendants are all facing a mandatory minimum
of 7 years in federal prison if convicted. https://t.co/ZtNTx4Ft9G— US Attorney William M. McSwain (@USAttyMcSwain)
October 29, 2020
Smith, Miller and Matchett were all indicted for arson in
connection with their alleged role in setting a Philadelphia Police
Department Car on fire.
The vehicle was a total and complete loss following the men
apparently placing combustible materials in the police vehicles
before throwing a road flare inside.
Smith’s attorney, Paul Hetznecker, accused prosecutors of
charging his client because of his role as a “political
activist.â€
Hetznecker told KYW:
“To charge him federally, I think is outrageous and as
I said, it’s another example of the political overreach by the
federal government,â€
Hetznecker also told
The Philadelphia Inquirer:
“Utilizing the awesome power of the federal government
to target activists and select them for federal prosecution during
one of the most important social justice movements in our history
sends a dangerous message,â€
He further alleged that the case against Smith is:
“part of a broader effort by this administration to
criminalize and quell dissent expressed by progressive political
movement.â€
McSwain responded by saying he his office was not targeting
Smith, and it was not politically motivated.
He told KYW:
“Mr. Smith was not in any way targeted by my office. I
knew nothing about Mr. Smith or his affiliations until the
investigation was nearly complete,â€
He went on to say:
“We do not investigate people at the U.S. Attorney’s
Office. We investigate alleged criminal behavior.â€
Tabri was indicted for a separate incident involving the arson
of a Pennsylvania State Police (PSP) vehicle, which also occurred
on May 30, KYW reported.
According to police, two Pennsylvania State Police SUVs were
parked on the Interstate 676 on-ramp in an attempt to block rioters
from accessing the highway.
KYW reported that Tabri and other members of his group allegedly
attacked the patrol vehicles, shattering the windows and stealing
fire extinguishers, road flares, and other police-issued riot
equipment from inside.
Investigators stated that Tabri threw a road flare into one of
the Pennsylvania State Police vehicles, which quickly became
engulfed.
Recently finished up our press
conference to announce charges against 4 defendants for torching
police vehicles during violent civil unrest in Philadelphia. All
defendants are now in federal custody. pic.twitter.com/W1oUlzYsTK— US Attorney William M. McSwain (@USAttyMcSwain)
October 29, 2020
The flames also caught a nearby trooper’s uniform on fire,
according to The Philadelphia Inquirer.
Tabri has been indicted on charges of obstructing law
enforcement in the commission of their duties during a civil
disorder and two counts of arson, KYW reported.
Federal prosecutors in New Jersey also charged Matchett with
inciting a riot back in June, according to The Philadelphia
Inquirer.
The Police Tribune reported that prosecutors claim he was
responsible for urging rioters to loot stores in Atlantic City just
one day after he allegedly torched the patrol vehicle in
Philadelphia.
According to police, Matchett was carrying a gasoline-filled
jar, a knife, and an axe on him when police arrested him in New
Jersey.
McSwain said of the indictments:
“You’re not going to be able to torch police cars
and do things like that with impunity,â€
McSwain said that it was video footage from throughout the city
that assisted in identifying and ultimately arresting the
suspects.
McSwain said:
“You can’t go anywhere in Philadelphia without being
on video, especially during these protests,â€
He continued:
“So my message is, you’re being
watched.â€
McSwain said that his office supports peaceful protest and the
protection of First Amendment rights.
“But violence is not speech,
“There is no right to riot, loot, rob, destroy or
commit arson. If you engage in violent civil unrest and commit a
federal crime in this district, we will come after you as hard as
we can because residents deserve safe and secure neighborhoods, not
mayhem.â€
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Federal authorities utilize 1968 ‘civil disorder law’ to charge
violent protesters appeared first on Law Enforcement
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