Democratic prosecutors who were elected to uphold the laws of their states are now using their positions of authority to abuse the formerly sacred privilege of prosecutorial discretion. They are essentially rewriting laws to create carve-outs for left-wing affiliated agitators, criminals and political activists.
Multnomah County District Attorney Mike Schmidt announced Tuesday that charges will be dropped against protesters in cases “where the most serious offenses are city ordinance violations and crimes that do not involve deliberate property damage, theft, or the use or threat of force against another person.”
The policy will apply to all protest charges dating back to May 29, when the protests began. Only 45 of the 550 cases that the Portland Police Department referred are being prosecuted.
Schmidt said he got input on the policy from PPD Chief Chuck Lovell and Multnomah County Sheriff Mike Reese. It is a slap in the face and a cruel injustice to the rank-and-file police officers who have sustained serious injuries and trauma as they have been battling anarchists in the streets for more than 75 days.
Prosecutable offenses now exclude:
Interfering with a peace officer or parole and probation officer
• Disorderly conduct in the second degree
• Criminal trespass in the first and second degree
• Escape in the third degree
• Riot (Unless accompanied by a charge outside of this list.)
Charges of resisting arrest or assaulting a police officer will be “subjected to the highest level of scrutiny by the deputy district attorney reviewing the arrest,” according to a press release from the DA’s office.
“Consideration will be given to the chaos of a protesting environment,” the release noted, “especially after tear gas or other less-lethal munitions have been deployed against community members en masse.”
Portland attorney James Buchal accused Schmidt Thursday of violating “fundamental principles of equal protection of the laws” during an appearance on Fox News Channel’s Fox & Friends First.
“We have a prosecutor who has discarded centuries of common sense about criminal law and deterrents and incapacitation and all the other benefits of arresting people for the purpose of promoting public disorder in Portland” said Buchal.
“It sets the precedent that if you are providing the preferred message of the Democratic Party machines, that you are insulated from criminal law,” Buchal added.
“Essentially it takes criminal conduct and it says, ‘Oh, this is First Amendment conduct, but if anybody on the right wing does it, it’s still criminal conduct’ and it violates fundamental principles of equal protection of the laws.” He pointed to other people who “have been prosecuted in the past in Portland for the same conduct” asserting that there is a “powerful case for essentially an unconstitutional prosecution.”
“We’re not supposed to be using the criminal law as a means of shutting down one kind of dissent and promoting another,” he said.
“We have people in Portland who have been prosecuted for literally doing nothing except standing in front of a crowd of Antifa people and holding up a cell phone camera and saying, ‘Look these are the Antifa people and they’re rioting.’ They’ve been prosecuted and at the same time you have people who are violently attacking the police and shooting fireworks and throwing paint bombs at them … and those are the people that are all given a pass,” Buchnal noted.
In Chicago Cook County State’s Attorney Kim Foxx declined to prosecute looters when protests erupted in the city in May and June. She dismissed more than 25,000 felony cases — including many involving charges of murder and other serious crimes — in her first three years on the job, according to a new report.
She dropped sixteen counts of felony disorderly conduct charges against actor Jussie Smollett last March for a hate hoax after speaking to his relative and a onetime aide of former first lady Michelle Obama.
Democratic St. Louis Circuit Attorney Kim Gardner also charged a couple who were protecting themselves from a threatening Black Lives Matter mob who breached their property last month by flashing guns.
Personal attorneys Mark and Patricia McCloskey said the crowd of demonstrators vandalized their property in order to gain access to it. They broke an iron gate marked with “No Trespassing” and “Private Street” signs and entered Portland Place, a private street in the Central West End. Some were even making violent threats toward the couple, but Gardner charged them with felony unlawful use of a weapon even though Missouri has a Castle Doctrine law and a Stand Your Ground law.