{"id":80134,"date":"2021-08-23T15:32:55","date_gmt":"2021-08-23T19:32:55","guid":{"rendered":"http:\/\/stateofthenation.co\/?p=80134"},"modified":"2021-08-23T15:32:55","modified_gmt":"2021-08-23T19:32:55","slug":"wow-no-further-action-will-be-taken","status":"publish","type":"post","link":"http:\/\/stateofthenation.co\/?p=80134","title":{"rendered":"WOW!!! &#8220;No Further Action Will Be Taken&#8221;"},"content":{"rendered":"<h2><strong>&#8220;No Further Action Will Be Taken&#8221;: Officer Who Fatally Shot Ashli Babbitt Cleared Of Any Wrongdoing By Capitol Police<\/strong><\/h2>\n<p><!--more--><br \/>\n<a href=\"https:\/\/jonathanturley.org\/2021\/08\/22\/no-further-action-will-be-taken-officer-who-fatally-shot-ashli-babbitt-cleared-of-any-wrongdoing-by-capitol-police\/\"><em>Authored by Jonathan Turley,<\/em><\/a><\/p>\n<p>Yesterday I wrote a<a href=\"https:\/\/thehill.com\/opinion\/judiciary\/568842-the-fbi-comes-up-empty-handed-in-its-search-for-a-jan-6-plot\">\u00a0column in the Hill<\/a>\u00a0about the FBI reportedly finding no evidence a planned insurrection at the Capitol on January 6th. In a related story,\u00a0<strong>the Capitol Police has now\u00a0<a href=\"https:\/\/www.nbcnews.com\/politics\/politics-news\/capitol-police-officer-who-shot-ashli-babbitt-exonerated-internal-probe-n1277336\">entirely cleared<\/a>\u00a0the still unnamed officer who shot and killed Ashli Babbitt despite her being unarmed.<\/strong>\u00a0 The decision was marked by the<strong>\u00a0same lack of information that characterized an earlier decision from the Justice Department.<\/strong><\/p>\n<p>There is little media coverage of the\u00a0<strong>obvious disconnect in the handling of this shooting and other uses of force against protesters in recent riots.<\/strong>\u00a0Even law professors are largely silent on the\u00a0<a href=\"https:\/\/jonathanturley.org\/2021\/04\/18\/what-is-the-difference-between-the-wright-and-bobbitt-shootings\/\">implications of a finding that the shooting of an unarmed protester is justified<\/a>.\u00a0 Babbitt seems to be treated as \u201cfair game\u201d because she was part of the January 6th riot.<\/p>\n<div class=\"Advert_desktop__1J5vD Advert_tablet__3QEBr Advert_mobile__1rlLc Advert_placement__1I4yb Advert_align__N0_fw\">\n<aside id=\"in-content-video\" class=\"Advert_verticallySpaced__wnPy3\">\n<div id=\"google_ads_iframe_\/21841313772,21778456762\/zerohedge\/in_content_video_0__container__\"><\/div>\n<\/aside>\n<\/div>\n<p><a href=\"https:\/\/www.zerohedge.com\/s3\/files\/inline-images\/GTA6BDF3O5FQHGXN3IVFH32U5E.jpg?itok=WZGyOycj\" data-image-external-href=\"\" data-image-href=\"\/s3\/files\/inline-images\/GTA6BDF3O5FQHGXN3IVFH32U5E.jpg?itok=WZGyOycj\" data-link-option=\"0\"><picture><img loading=\"lazy\" decoding=\"async\" class=\"inline-images image-style-inline-images\" src=\"https:\/\/assets.zerohedge.com\/s3fs-public\/styles\/inline_image_mobile\/public\/inline-images\/GTA6BDF3O5FQHGXN3IVFH32U5E.jpg?itok=WZGyOycj\" alt=\"\" width=\"500\" height=\"368\" data-entity-type=\"file\" data-entity-uuid=\"e1c2ba44-5eae-42ce-becc-43b0b5fc4c6b\" data-responsive-image-style=\"inline_images\" \/><\/picture><\/a><\/p>\n<p>Babbitt, an<a href=\"https:\/\/www.nbcnews.com\/news\/us-news\/woman-killed-capitol-was-trump-supporter-who-embraced-conspiracy-theories-n1253285\">\u00a0Air Force veteran<\/a>, was a decorated security forces controller who served multiple Middle East tours from 2004 to 2016<\/p>\n<p>A memo from the commander of the Capitol Police\u2019s Office of Personal Responsibility simply says<em><strong>\u00a0\u201cno further action will be taken in this matter\u201d<\/strong><\/em>\u00a0after the officer was exonerated for use of force. However, there are very troubling questions about the shooting,\u00a0<a href=\"https:\/\/jonathanturley.org\/2021\/04\/18\/what-is-the-difference-between-the-wright-and-bobbitt-shootings\/\">as previously discussed<\/a>.<\/p>\n<p><strong>Not only was there no claim that Babbitt was believed to be armed, but there were officers directly behind her and in front of her at the time.\u00a0<\/strong>As I\u00a0<a href=\"https:\/\/jonathanturley.org\/2021\/04\/18\/what-is-the-difference-between-the-wright-and-bobbitt-shootings\/\">noted earlier<\/a>, if the officer intended to shoot Babbitt, it would not likely meet the standard for a justified shooting under governing cases like<a href=\"https:\/\/supreme.justia.com\/cases\/federal\/us\/471\/1\/\">\u00a0Tennessee v. Garner<\/a>\u00a0(1985). If the officer fired blindly or wildly, it would appear to have many of the same negligent elements as the Wright shooting.<\/p>\n<p>I was highly critical of the maddening findings of the Justice Department in the case.\u00a0<strong>In rejecting charges, the\u00a0<a href=\"https:\/\/www.justice.gov\/usao-dc\/pr\/department-justice-closes-investigation-death-ashli-babbitt\">Justice Department statement\u00a0<\/a>notably does not say that the shooting was clearly justified.\u00a0Instead, it noted that \u201cprosecutors would have to prove not only that the officer used force that was constitutionally unreasonable, but that the officer did so \u2018willfully.\u2019\u201d\u00a0<\/strong><\/p>\n<p>It stressed that this element requires a showing of \u201ca bad purpose to disregard the law\u201d and that \u201cevidence that an officer acted out of fear, mistake, panic, misperception, negligence, or even poor judgment cannot establish the high level of intent.\u201d<\/p>\n<p><strong>Violent riots are unfortunately common today in cities ranging from\u00a0<a href=\"https:\/\/www.npr.org\/2021\/04\/13\/986764183\/protests-grow-in-minnesota-and-around-u-s-over-death-of-daunte-wright\">Minneapolis<\/a>\u00a0to\u00a0<a href=\"https:\/\/www.oregonlive.com\/pacific-northwest-news\/2021\/04\/portland-protesters-march-after-minnesota-police-killing-of-daunte-wright.html\">Portland<\/a>\u00a0to\u00a0<a href=\"https:\/\/www.foxnews.com\/us\/washington-dc-protesters-following-daunte-wright-death-chant-burn-the-precinct-to-the-ground\">Washington<\/a>. The use of live rounds however have never been authorized absent a particularized showing of a significant threat to an officer or others.<\/strong>\u00a0Nothing in the announcement in the Babbitt case answers how such a showing was made by the officer. Will the media support local police using live ammunition to break up the next violent riot? We have seen protests turned into riots repeatedly in the last few years, including racial justice protesters taking over police stations and city hall buildings. Officers did not use live rounds when protesters broke through doors of police stations or a city hall. They did not use live fire when protesters were breaking through windows and barriers to burn down police buildings. Will the Babbitt standard now apply?<\/p>\n<p>Reasonable people could disagree on the shooting. I fail to see the justified basis under controlling legal standards but I may have the bias of a criminal defense attorney. What I object to is the absence of specificity in the facts and answers to satisfy the standards under cases like\u00a0<em>Tennessee v. Garner.\u00a0<\/em>Instead there is a conspicuous use of conclusory analysis to dismiss the allegations.\u00a0<strong>There is also the general lack of interest in the media and in academia on the implications of these decisions to clear the unnamed officer.<\/strong><\/p>\n<p>&#8212;<br \/>\n<a href=\"https:\/\/www.zerohedge.com\/political\/no-further-action-will-be-taken-officer-who-fatally-shot-ashli-babbitt-cleared-any\">https:\/\/www.zerohedge.com\/political\/no-further-action-will-be-taken-officer-who-fatally-shot-ashli-babbitt-cleared-any<\/a><\/p>\n","protected":false},"excerpt":{"rendered":"<p>&#8220;No Further Action Will Be Taken&#8221;: Officer Who Fatally Shot Ashli Babbitt Cleared Of Any Wrongdoing By Capitol Police<\/p>\n","protected":false},"author":1,"featured_media":0,"comment_status":"closed","ping_status":"closed","sticky":false,"template":"","format":"standard","meta":{"footnotes":""},"categories":[1],"tags":[],"class_list":["post-80134","post","type-post","status-publish","format-standard","hentry","category-uncategorized"],"_links":{"self":[{"href":"http:\/\/stateofthenation.co\/index.php?rest_route=\/wp\/v2\/posts\/80134","targetHints":{"allow":["GET"]}}],"collection":[{"href":"http:\/\/stateofthenation.co\/index.php?rest_route=\/wp\/v2\/posts"}],"about":[{"href":"http:\/\/stateofthenation.co\/index.php?rest_route=\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"http:\/\/stateofthenation.co\/index.php?rest_route=\/wp\/v2\/users\/1"}],"replies":[{"embeddable":true,"href":"http:\/\/stateofthenation.co\/index.php?rest_route=%2Fwp%2Fv2%2Fcomments&post=80134"}],"version-history":[{"count":0,"href":"http:\/\/stateofthenation.co\/index.php?rest_route=\/wp\/v2\/posts\/80134\/revisions"}],"wp:attachment":[{"href":"http:\/\/stateofthenation.co\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=80134"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"http:\/\/stateofthenation.co\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=80134"},{"taxonomy":"post_tag","embeddable":true,"href":"http:\/\/stateofthenation.co\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=80134"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}