Pixiq

My guess would be that he hasn’t come forward first, because it was no big deal and second because he’s seen what happens to the accuser in situations like this. Whatever the original intent the damage to Etheridge is done.

A parallel discussion is whether the Congressman is shielded by law because he’s in the act of performing his official duties. I’d say to the videomakers is: file the charges. If the magistrate or court squashed them, then the public would know that a crime was shielded.

What about the phone that was taken, isn’t that theft?
Even if it was given back after what we see on the video, which I suspect is the case, because that is one reason this video is edited like it is.

Unedited from the phone:
http://www.youtube.com/user/StageRightShow#p/u/4/g5wxCr6ZRps

Carlos,

Great site, I’ve been a read for a year or so now, but what do the lawyers think? Part of the problem with cops in general is that they fail to differentiate between their expertise and a lawyers. While the opinion of a law enforcement officer in this situation is not to be ignored, I would be curious to see what a lawyer, someone who studies the law, is.

The definition of criminal “assault” and “battery” varies from state to state. In some states, one of those two crimes may not even exist (and, to further complicate things, there are civil common law definitions of “assault” and “battery” which may differ from the state criminal definitions). LEOs whose experience is in one state can be unfamiliar with the criminal definitions of assault and/or battery (if any) in other states.

Having said that: Photography is not a crime, but nonconsensual hitting and restraining IS, whether it’s called “assault” and/or “battery” in the local jursidiction.

Why does the victim need to take action here? If the Congressman killed them instead, the victims would be unable to make a complaint. I’d think that if the Congressman murdered them on camera, the cops would be knocking at his door.

Does the victim need to complain because the crime isn’t serious enough? Is that how it works?

Article 1, Section 6 of the Constitution: They shall in all Cases, except Treason, Felony and Breach of the Peace, be privileged from Arrest during their Attendance at the Session of their respective Houses, and in going to and returning from the same; and for any Speech or Debate in either House, they shall not be questioned in any other Place.

He has a get out of jail free card. Better to put your efforts into making sure he’s unemployed in November. He may not understand that the Constitution does not give him the right to demand someone’s name, but he knows he can do anything he wants.

Boondoggie,

It says he can not be arrested, during the session. Could he be charged now and later arrested after the Congressional Session ends?

“I’m as liberal as they come and I will tell you that it doesn’t matter if that was the case. ”

Nor does it appear to matter to you, Carlos, that this video was heavily edited before being posted on Youtube, and that the accusers are anonymous. The video, being edited, does not constitute any kind of evidence.

Recent history with James O’Keeefe should put liberals on their guard against his wannabes. This all looks pretty fishy to me; I’m surprised you’re jumping to the conclusion that the tape is legitimate. Why make your judgement on Etheridge before you know all the facts?

I don’t come to this blog to read rushing-to-judgement posts from you, Carlos. Stop trying to demonstrate how bipartisan and balanced and rational you are by being so eager and unhesitant to fry a fellow liberal. Maybe you should, instead, hold off your judgement a bit until you know the facts.
Tim in SF recently posted..James O’Keefe

Good Morning,

I came onto this site this morning to ask why the young man speaking to the Congressman had his face blurred out if he’s so proud of defending his rights and I see the point already made. Then I read that it may have been an operative. I already said in previous comments that this is a shady operation, this fight for First Amendment rights for the way its being conducted and I emphasize that if this were a legitimate battle why isn’t a lawsuit being brought forward. I think it’s because these attempts do not and will not form a valid basis for a court claim especially a Supreme Court claim. If its so valid where is the ACLU here? I’m going to write to them today and ask them about this battle for photographing and videotaping freely in public. I really don’t think you guys have a valid claim here. In fact, you photographers and videographers may be operatives yourselves. Prove me wrong and please try to do it intelligently and with facts and not with the slurs that a number of your immature and libelous commenters have displayed as their modus operandi, bottom feeders that they are. In fact, don’t bother proving it to me or anyone else, just take it to court and have your day there and let the chips fall where they may.

I will also add one other comment. This cyber stalking and anonymous contact that I’m receiving on the web in other locations is going to cause a great deal of legal action if it doesn’t stop. You know who you are and you will be identified and prosecuted. Heed this advice. Some of you have already been identified.

Carlos, I suggest that you admonish your webpage participants to keep some decorum.

Thank you and have a good day.

I say too, go on and file the charges. I’d love to see this play out in a formal venue such as a court of law. These opinions out here, including mine, mean less than a hill of beans unless a court decides. And for those of you that express violent comments in the direction of hurting someone physically or that you would hurt a Congressman physically remember that there are veterans of the US military out here that love their country and apparantly you do not so if you get a knock on the door for what seems to be a threat to someone don’t go crying to your Mommy when they lock the door after you.

Mr. Piervincenti,

I’m not going to summarize the extensive federal judicial case law which outlines that the government may not prevent the press, which include amateur photographers or other citizens filming in public, from engaging in speech or other reporting. The First Amendment has been interpreted to explicitly prohibit “prior restraint” on the press. “Prior restraint” means that the government or its agents prevents reporting or the publishment of reporting, which also includes photographs.

There’s no need to lace your comments with paranoia about the status of the law. It is very clear that prior restraint is unconstitutional. What is not so clear is whether laws that are designed to protect privacy also trump the explicit First Amendment protections of the press. So far, many courts have ruled that such privacy protections do not apply because when you’re in public there is no reasonable expectation of privacy. As these cases work out in the judiciary, I’d bet that the Supreme Court would state that the government may never prohibit people from engaging in reporting on public matters, in public, which includes public photographs.

I have to state that it is completely irrelevant if the people taking pictures or video in public are political operatives, Republican party members, paid photographers, students, people looking for a confrontentation, or plain jerks. They have the same legal rights guaranteed by the First Amendment as any other person in the country, and cannot be prosecuted for engaging in those rights. They also have the same right to be free from assault, battery, and other physical threats or acts.

The problem with politics is that it tends to blind people on both sides of the aisle.

Take a look at the unedited videos on this link.

http://freedomeden.blogspot.com/2010/06/bob-etheridge-unedited-video.html

Also, Etheridge further confirmed the evidence on the video through his apology.

I don’t mind frying a “fellow liberal” is they’re going to act like a thug against a videographer.

It took me all of 5 minutes to find the unedited videos. They show the exact same thing. Get outta here with that “it was edited” crap.
Rance recently posted..BinaryGravy: Chrome OS to support "legacy PC apps" via remote access http://is.gd/cPiS7

“I will also add one other comment. This cyber stalking and anonymous contact that I’m receiving on the web in other locations is going to cause a great deal of legal action if it doesn’t stop. You know who you are and you will be identified and prosecuted. Heed this advice. Some of you have already been identified.”

Joe has proven in this comment that he has paranoid delusions or persecution. He’s obviously trolling, don’t feed him.
Rance recently posted..BinaryGravy: Chrome OS to support "legacy PC apps" via remote access http://is.gd/cPiS7

OF…. Paranoid delusions OF persecution…

Ted Kennedy had a DUI in DC. His defense was that he was on his way to the Senate. Charges dismissed. This freedom from arrest has been held to be pretty broad.

There’s a very good reason the students were unwilling to give their names — the DNC attack machine was posting talking points against them within minutes of the video going viral. Would you really require those poor kids to get Joe the Plumber status for the rest of their lives because they dared to ask a Congressman if he agreed with his President’s agenda?

Joe, when you ordered that sandwich at the store, you forgot to ask for the mayo. I know you wanted it, because my surveillance equipment showed you mouthing the words “must get mayo” just twenty minutes earlier.

He actually committed both assault AND battery. Getting in the guy’s face and angrily demanding ‘Who are you?’ is assault. Knocking the cellphone out of his hand is assault (perhaps also willful destruction of property if it was damaged). Grabbing and holding his wrist is battery. It could event be construed as confinement since he was told several times to let go and did not comply.

And whether these were mysterious ‘operatives’ or not has nothing to do with any of this.

“…and Breach of the Peace,…”
Grabbing a kid isn’t breach of the peace? What does he have to do? Lead a marching band right in front of Pelosi’s desk…actually, that’d be pretty cool… LOL, any ways, unfortunately, it’s how you “interpret” that phrase that determines what breach of the peace is, and I interpret it to include battery on a kid, unfortunately, the courts likely do not

“So the obvious question is, why isn’t the videographer coming forward?”

Maybe the dear Congressman compensated or had an “off the record” conversation with the videographer?

It’s Obama who set the tone… HE is the one with “get in their face”, “hit back twice as hard”, and gonna “kick ass” while Salazar puts his “boot on their throat”. What the HELL is this, the Third Reich?

Now this arrogant clown Etheridge thinks it OK to get violent with an innocent reporter asking a question… and in the most polite fashion imaginable- who cares what his motivations were or weren’t.

What a horrible example Team Obama and allied union thugs have set for their minions.. who now feel free to lash out like punks at any who dare question them.

And anyone who still considers Obama some sort of unifier ought to have their head examined-
Reaganite Republican recently posted..Obama Back on the Wacky-Tabacky?

I’m sorry, this is not a partisan issue. Members of all political parties have periodically done things that fall outside the bounds of civil discourse. This has been true since the first days of our republic.

The issue at hand is the unwarranted and unlawful physical and verbal abuse that Etheridge dished out.

I love D or R arguements… because they are so short sighted. Rather than looking at problems or issues, each side would rather blame the other than address the problem. Another aspect, along the same lines, is “my side would fix this”. LOL, no they won’t. Both sides are going to fuck you, the only difference between the two is which orifice?

How is it that people like you always end up blaming Obama. Was he there? Did Obama loose your keys too. When you stub your toe do you cry out DAM YOU OBAMA!!!!
A statesmen cares about his country not his party. A statesmen cares enough to look at the facts without bias. HE cares enough about his country to be HONEST>
IM a Obama supporting liberal. I would be willing to lose a seat in congress to see this man punished. Really Sir Grow up.

I’m a staunch conservative libertarian, though this isn’t about Democrats and Republicans. Both Democrats and Republicans alike are to blame for this country’s problems. Please don’t try to make this a party issue based on Obama’s “ass kicking” comment, because it clearly has nothing to do with it. Etheridge acted alone, and probably needs to go on crazy pills, but your comment linking his actions to Obama is riddled with logical fallacies.
Rance recently posted..BinaryGravy: Chrome OS to support "legacy PC apps" via remote access http://is.gd/cPiS7

I firmly disagree with you that ” Obama [sic] cares enough about his country to be HONEST”, though, as that subject has no bearing on the argument at hand I will save it.

It might just be me but Etheridge looked like he enjoyed touching another man, not that there is anything wrong with that, I’m just putting it out there. I almost thought he was going to start dancing with the young man or maybe drag him into a car.

Joe P, dude should you not be humping a bible or rimming the asshole of some politician or cop? Maybe you are a bored fed, fuck if I know. Or maybe your a fan of Alex Jones, NEW WORLD ORDER! The lizard men are coming to take over the world. Whatever the case may be please take your government ass kissing attitude and shove it up your arse. When Iran gets nuked none of it will matter anyway. Just remember, the government is made up of the upper echelon of society, the smartest of the smart, the brightest of the bright, I mean sometimes if I squint I can see a halo around their heads, HAHAHAHAHAHAHAHAHA!!
Jody recently posted..Creating Money Out of Thin Air

I did not imply that any current politician in Washington was a statesman.

Stooping down to Joe’s level is not becoming.

My apologies, I read that wrong.

Just wondering why the video is not good enough for police to file charges against Etheridge?

People get caught on camera breaking the law all the time, and some of those criminals are charged solely because of the video.

What’s the difference here?

Hey Joe Piervincenti,

I would advise you to not threaten to sue the internet. Read this story about another guy that did that. You made your point now move on.

http://encyclopediadramatica.com/Adam_L._Goldstein

Pfft… Assault, battery those are only crimes if you’re a little person.

Here in Utah, if you’re a state legislator, you’re 100% above the law. Just look at Kevin Garn (R) – Layton, he admitted to molesting a 15 year old former employee, on the floor of the Utah state senate, and got a standing ovation. He also paid the victim $150,000 in hush money, which is witness tampering, and no charges have been filed.

Etheridge should be charged, just as though he were a regular person. I’m sick and tired of politicos getting special treatment.

Until we know all the facts?

Anyone with two minutes to kill on Google or the patience to read comments can get the link and see the unedited video.

It looks like we pretty obviously have the pertinent facts.
Michaelk42 recently posted..LAPD update

you’re a psycho Joe

I vote for holding politicians down and shitting on their heads.
Jody recently posted..Creating Money Out of Thin Air

Jody, go crawl back into your cave, little boy.

Hey, I have the skills to live in a cave, skills which will soon be very handy, you on the other hand…..
Jody recently posted..Creating Money Out of Thin Air

Good for you, please go practice them!

You wrote, “I would imagine if it were true that the videographer was a republican plant, then he would step up and file charges to further bury the knife into Etheridge.”

Not! It was the most scandalous of Republican plants (which it probably was), filing charges would lead to investigation of the videographers and their malicious intent. So they don’t want to file charges and stir up any more.

By the way, great blog and a service to all Americans, as long as you’re not a Republican plant

It makes no difference what the videographer’s intentions were. Republican, Democrat, it makes no difference. Both parties are filled with idiots. The point is that the congressman committed assault and battery on a visibly passive student reporter. Who cares what party affiliation he was with?

Well first I see you are a troll, http://www.backtype.com/url/www.twitter.com%252fbinarygravy ,
and you really don’t know if it is a student reporter. You are right party affiliation doesn’t make a difference other than the Republican party has a track record of dirty tricks with video cameras, and this video was first published on the Republican dirty tricks website. Hmmm. Regardless the videographer was hiding his identity/affiliation, just plain lying. You now have made a battery to assault and battery. Why don’t you throw in attempted murder while you are at it?

http://www.salon.com/news/opinion/glenn_greenwald/2010/06/14/law

lol… I’m a troll? I thought that my comment was fairly objective, and not insulting to you in any way.

“the Republican party has a track record of dirty tricks with video cameras,”
If by dirty tricks, you mean exposing the truth, then yeah. If you’re not going to cite an example then your point is nil. Seriously dude, gimme a break. BOTH parties have their dirty tricks, don’t let your hatred of one party blind you to the many mistakes of the other. As for the “republican dirty tricks” website, I find it ironic that you called me a troll, when that propaganda site bleeds trolls.

Remaining anonymous in a video is NOT lying.

Did you stop to think that maybe he hasn’t come forward because he isn’t after national attention? A story like this will surely bring nuts from all sides to camp out on his door step. Some that hate, and others praising him. I honestly don’t blame the kid.

“Why don’t you throw in attempted murder while you are at it?”

Don’t be ridiculous. The ASSAULT happened when Etheridge slapped the cellphone camera out of the student’s hand. The battery occurred when Etheridge grabbed, and refused to release, the student’s arm, and neck.

He was lying. He works for Brietbart.tv . He wants to be “anonymous” because he doesn’t want to open a can of worms. I think it will be opened anyway. We will find out in time. He “slapped” a cellphone camera eh? Good one. That cellphone should press charges!

“He “slapped” a cellphone camera eh? Good one. That cellphone should press charges!”

Now THAT is the type of comment I would expect from a troll.

I said that he slapped the cell phone camera out of his HAND. He had to make contact with his HAND for that to have happened. It’s clear you’re incapable of having an intelligent and civil conversation without making snarky comments, so I’m done with you.

Rance, now you STOP that trolling, you rascal!!