theintercept.com

30-year sentence for transporting zines is a five-alarm fire for free speech

xrd · 560 points · 333 comments · 1 天前
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xrd1 天前

Up until now these crazy cases have been rejected by the courts. But this feels like a crack in the dam. A judge actually sentenced someone to 30 years for hiding zines, zines that had been published for years. This was under the pretense hiding those zines was hiding evidence of criminality. And the criminality was worth 75 years. For someone who was at a protest where a federal agent was shot, but was not the shooter. Does anyone have a link to details on the case because there must have been more details, like these two were accused of planning a murder in advance, because otherwise this seems insane. It seems insane no matter what, but if this was a judge making a bunch of logical leaps while guided by DOJ lawyers, something is really broken

daedrdev11 小时前

If you think that this was a protest then yeah it's worrying. The feds case, which they did win convictions based on, was that they were terrorists who set off fireworks to lure police into an ambush, and there weren't more casualties because one of the members shot early and only injured one cop. An accessory to this who hid evidence is also part of the crime in the Feds case Is this embellished by the Feds? I think so, it seems some of the group did not think this was the plan. But there did seem to be a plan and it did involve bringing guns, setting off fireworks, opening the gate and trying to break out the prisoners, and "not going quietly"

tkel5 小时前

"Lure police into an ambush" is quite a stretch. It's quite normal to do noise demonstrations outside jails/prisons to show solidarity with the captives, the captives will often times knock on the windows to communicate back. In fact there were noise demonstrations outside the Delaney Hall ICE jail in New Jersey just this month, which you may have heard about. The mischaracterization of fireworks as "explosives" is also a huge stretch by the government in order to pursue their antifa conspiracy.

LazyGooze9 分钟前

"The mischaracterization of fireworks as "explosives" is also a huge stretch" Thats quite a mental gymnastics number you did there, BRAVO!!

snvzz5 小时前

>The mischaracterization of fireworks as "explosives" What are they, if not explosives? Or are you saying you'd be happy to have one of these shot at your face?

Aeolun5 小时前

> Or are you saying you'd be happy to have one of these shot at your face? Given the choice between the fireworks and an actual grenade? Yeah, absolutely.

mathisfun1233 小时前

This is like insisting a butter knife is a knife

one33seven2 小时前

The cops actually shoot people in the face and you're afraid of some fireworks, while wearing full body armor? BS

AndyMcConachie2 小时前

You're full of shit.

aprilthird20211 小时前

The pardoned Jan. 6 rioters had a lot of far worse plans that were foiled which could have resulted in more casualties. There was lots of evidence several of them planned to kidnap sitting congressmen and women. Do you know why they were pardoned and this zine hider got 30 years? Must just be a quirk of the justice system...

appreciatorBus11 小时前

I think all of this hinges on whether or not you think it was a protest. If they had been peacefully sitting outside the facility holding signs, I think you'd have a case that the sentencing is insane. But if they were actively planning a break-in & preparing to use deadly force, that's quite another matter. I haven't spent a lot of timing reading about it, but what I have read suggests it was much closer to the latter.

lelandfe10 小时前

https://en.wikipedia.org/wiki/2025_Prairieland_ICE_detention...

snvzz5 小时前

Do not just link some Wikipedia article. Express your point.

appreciatorBus7 小时前

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stronglikedan4 小时前

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ipython11 小时前

Unfortunately, the administration wants it both ways- if you were on the Capitol grounds on January 6, 2021, you were simply part of a "peaceful tour group". If you stand to the side of an ICE agent in Minneapolis, you are a "domestic terrorist", deserve to be murdered in cold blood, and any attempts to investigate further will be stonewalled. So it's hard to take their characterization seriously when they have demonstrated that there is a clear double standard, depending on whether you are a FoT (Friend of Trump).

selectodude10 小时前

“For my friends, everything; for my enemies, the law.” Oscar R. Benavides

ls61210 小时前

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paisawalla10 小时前

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ipython10 小时前

Just to be clear, the January 6 defendants: - were a group of at least 1000 people - who, among other things, erected a noose on the capitol grounds, brought zip ties and weapons - forcefully overran several capital police barricades intended to deter their entrance - used any weapon available including poles etc to violently attack any police in their way Granted they did not explicitly shoot any federal agents with a firearm, but in the J6 case, I’d say I’d lay blame for the subsequent deaths of the police officers who did die at the hands of the rioters. To be clear I do not condone violence in either case. However those 1000+ individuals on January 6 were ultimately pardoned for their actions. The family of one was in fact paid $5 million in taxpayer money because she was shot in a vain attempt to repel the crowd. Why then should these defendants be treated completely differently? One gets the law, the other has their convictions overturned completely and history rewritten in their favor. Btw I do not believe the individual who was charged in the article shot the federal agent or was part of the “concealed position” etc. So bringing that up is just an appeal to brush that individual with the actions of others.

Rebelgecko10 小时前

Fwiw some of the people sentenced to decades in prison went home before your bullet points happened. And although the second amendment may not cover first aid kits, that's a super lame justification for sending people to prison for the rest of their lives. I guess it's a good thing Boy Scout troops don't coordinate over signal or they'd all be locked up.

AngryData3 小时前

I don't know what they signal chats were, but ignoring those, only the last one of those I view as a crime. This is the US, people have second amendment rights and are allowed to possess guns and armed protestors have been a thing since forever. It is also a good idea to wear body armor when you are hanging around any US law enforcement or cops, doubly so when protesting them. Carrying a first aid kit is just a good idea in general, especially for something like a protest, and again for one where cops are likely to be shooting rubber bullets and tear gas canisters at people.

OutOfHere10 小时前

Huh. None of your first three points is meant to be illegal. - coordinating using a Signal group - bringing firearms, body armor, and first aid kits to a location just outside a federal facility - taking up a concealed position along a tree line For you to even list them shows a fascist bent. As for fireworks, they might not be illegal either. The only possible crime is the shooting, and only if it was not done in self defense.

wmf11 小时前

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ipython10 小时前

Can anyone seriously define “antifa”? What would the pardon read? “Anyone who is anti-fascism is hereby pardoned…”? Edit: downvoting me doesn’t answer the question. If you have a definition please reply! If nobody can define “antifa” how the heck can you prosecute someone for being a member of it?

compass_copium10 小时前

Imagine a Democratic president with a spine like that.

platevoltage10 小时前

Imagine having to pardon an anti-fascist in the USA.

RickJWagner8 小时前

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ipython8 小时前

“That guy” had a name. His name was Alex Pretti. He was disarmed before he was shot in the head. He was not even holding his weapon at any point. Are you implying that simply carrying a legal firearm while at a protest means you can be murdered, without any subsequent investigation? Again the Overton window has shifted so far just in my lifetime. This would have been front page news with congressional investigations just 10-15 years ago. Pictures of protesters openly carrying weapons at demonstrations who were not subsequently murdered by federal agents. https://www.nytimes.com/2021/01/09/us/politics/michigan-stat... https://www.nytimes.com/2022/01/28/us/kyle-rittenhouse-ar15-... https://www.reuters.com/article/world/black-armed-protesters... Picture of Alex pretti before he was murdered. https://media.cnn.com/api/v1/images/stellar/prod/ice-shootin...

devmor11 小时前

From what I read, the person who was arrested for transporting zines was not even at the protest or part of the group - just the husband of one of the protestors.

paisawalla10 小时前

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anigbrowl9 小时前

And you think that's worth a 30 year sentence? I think the founders of the US would disagree. Also worth noting that the husband did not conceal evidence of the wife committing a crime. Having political zines isn't illegal. The zines were circumstantial evidence that the prosecution wanted to use to characterize her general political views. They had no direct relation to the events at the ICE detention center.

axus10 小时前

If I were transporting copies of this magazine, am I concealing evidence? What is special about this guy? Is there anything he could have legally transported, or is everything she's written banned? The irony of The Intercept requiring my identity is funny.

kristjansson3 小时前

How would possession of political material be evidence one way or the other? She can own, read, share, publish, disseminate all the revolutionary literature she wants

autoexec8 小时前

The wife was charged with: Rioting with the intent to commit an act of violence, providing support to terrorists, and conspiracy to use and carry explosives. In what way would a box of magazines be evidence of any one of those crimes? I very much doubt there was an article called "My plan to commit an act of violence by Maricela Rueda" in any of them. The ones they choose to photograph for inclusion in their criminal complaint (likely because they were the most scary looking ones) appear to have been written many years ago. https://upload.wikimedia.org/wikipedia/commons/c/ce/Literatu... Two of those pictured are on archive.org and War in the streets : the story of urban combat from Calais to Khafji is available at amazon.com https://dn790008.ca.archive.org/0/items/ItsVacantTakeIt/its-... https://ia601803.us.archive.org/29/items/the-anarchist-libra... It sounds to me like she was just making arrangements with her husband from jail to handle their property. She told him to have her car towed because it was left on the street by someone else's house and she told him to "move whatever you need to from the house" which is a pretty sensible heads up to give someone when you know that their house will likely be ransacked later by police who could take or destroy anything.

Findecanor3 小时前

Isn't the purpose of zines to publish them? Then how could that even be considered concealment?

one33seven2 小时前

Is protesting a crime now?

devmor7 小时前

Well then it’s a great thing that no one attempted to do that.

felixgallo9 小时前

'they' is doing a lot of work. This guy wasn't even there.

BobbyJo8 小时前

You don't have to be present for the act to be part of the conspiracy...

saintfire7 小时前

You presumably need to convict the conspirator on evidence that doesn't consist of having published documents on your person.

shimman7 小时前

What hogwash. Resistance is as American as the founding of the country, acting like there is a "right way" to protest is deeply antihuman.

Manuel_D7 小时前

The "protestors" shot someone, if that's not the wrong way to protest then what is?

Griffinsauce3 小时前

This depends a lot what evil you're protesting.

mulmen7 小时前

No. The shooter shot someone.

thunderfork7 小时前

An individual shot someone, unless you think multiple people were helping pull the trigger.

totetsu3 小时前

All the best discussion of this is on sites that I wouldn’t want to link to on HN incase It puts me on a list in line for a 30 year prison sentence

vrganj3 小时前

Will you look at that, the authoritarian suppression of opposition speech is already working!

throwawayffffas10 小时前

> ... like these two were accused of planning a murder in advance, ... The 30 years is for evidence tampering. The rest have been convicted of various terrorist charges. See https://en.wikipedia.org/wiki/2025_Prairieland_ICE_detention... It's really funny because all of this has played out in the past with people that actually conspired to do all that and more and walked away free. See https://en.wikipedia.org/wiki/Fort_Smith_sedition_trial That case, the incredibly bad handling of Ruby Ridge and Waco put a real freeze on the FBI dealing with domestic terrorism, and then the focus moved outward with 9/11. But now "domestic terrorism" is priority number 1. Enjoy your choices folks.

panny8 小时前

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green_wheel3 小时前

Even if he did exactly what they said he did, no way that's worth 30 years. But people really need to realize that the justice system has been and never will be "blind" or "fair" or whatever you may think it is. It is wielded by those in power largely as they see fit, so keep that in mind if you're thinking about messing with the feds.

pnt122 小时前

It seems especially bad now. This relativistic mindset is really bad for critical thought: "oh, it was never 100% fair". Well, if it was 80% earlier, it seems approaching 20% now. It's a whole new level.

arjie1 天前

It's pretty straightforward that if someone tells you to hide something because they've been arrested and they think it ties them to some criminal act, and then you hide it, you're an accessory to the crime. 30 years for that seems harsh though I anticipate they will be pardoned by the next Democratic Party President. Describing such an act without the obvious context is a pretty good way to point out that it's partisan text and likely misrepresents other things. Listen, we've all been on the Internet a few decades. This kind of understatement of things is not new to any of us. "Oh so just because your country thinks it's not a big deal for someone to go to America to fly a plane means it should get bombed?" No, champ, it's the flying of the plane into the WTC and subsequent sheltering of the guy who planned it that does that.

fn-mote10 小时前

30 years for an accessory charge? For someone who did not attend the event? Sounds excessive.

will42749 小时前

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ndsipa_pomu9 小时前

Is there actual evidence of "intent of mass murder"? It seems speculative at best.

polski-g5 小时前

Yes. That evidence was presented to the jury and found to be true.

will42749 小时前

Enough to convince a jury of their peers.

brewdad9 小时前

They still had zero involvement until after the fact. 30 years is excessive.

snvzz5 小时前

Well, too bad. Shouldn't have done it.

protocolture9 小时前

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aqme2832 分钟前

> 30 years for that seems harsh though I anticipate they will be pardoned by the next Democratic Party President. I really doubt it.

fakedang1 天前

If it costs 30 years for transporting zines, how much is treason and conspiracy to overthrow the government worth?

a9622 小时前

"Priceless"

lovich1 天前

Was the speech illegal? Not giving my email to this site so I can’t read the rest but it seems odd that any sort of speech gets multi year sentences much less multi decade unless it was direct calls to violence.

ndriscoll1 天前

I don't think there's even a claim the speech is illegal. Rather, it's that "transporting zines" when your spouse gets arrested on suspicion of crimes related to a designated terrorist organization is about as legal as "arts and crafts" (i.e. shredding documents) when your spouse is arrested for fraud. It's the obstruction of justice part that's illegal, not the possession. As far as I know she could be fully acquitted and he'd still be on the hook for trying to conceal evidence.

cbarnes991 天前

It's worth noting that the average sentence for murder in the US is 15 years. And it is not actually a "designated terrorist organization". The government is claiming they are a "domestic terrorist organization" which isnt a thing under US law, additionally, there is no organization to speak of.

unknown10 小时前

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lovich1 天前

that's a plausible and convincing argument to me other than that its 30 years. Murderers can get less than that. I don't see how that's anything other than trying to chill the idea these people had based on the connection to speech. I am also not a proponent of absolutist free speech if you check my comment history, but I cannot imagine a realm where the details linked in the small part of the article that's not walled off and the details in this thread don't align to the government trying to prevent bad thought. I am open to more detail if anyone has some to provide

jrflowers1 天前

> No, champ, it's the flying of the plane into the WTC Sir, a second zine has struck the south tower

arh545133 分钟前

https://www.justice.gov/opa/pr/leader-antifa-cell-members-no... One or two defendents were likely over prosecuted, the others it seems like a rather straight forward case. The issue is they were bombing/shooting at a federal facility which carries a higher sentence. I find the sentences agregiously long, but that's a different discussion.

Xorakios1 天前

Here's the case: https://www.justice.gov/usao-ndtx/pr/antifa-cell-members-con... The 30 year sentence was for hiding documentation being sought under a federal warrant after being called by his wife and asking him to do so. The warrant was for documentation after the protesters shot fireworks to bring out first responders from the ICE facility, and allegedly one of the group shot a responder in the neck instead of the head. A lot of stuff to scrutinize and complain about in the sentence, but it wasn't just "transporting Zines"

Ukv21 小时前

> The 30 year sentence was for hiding documentation [...] it wasn't just "transporting Zines" As far as I can tell, the moving of zines (he was pulled over and had a box in his car) is what's being presented as "hiding documentation" - not something beyond that. > being sought under a federal warrant Timeline seems to be that a warrant was obtained after pulling him over ("Sanchez-Estrada was then arrested on state traffic offenses, and officers obtained a search warrant [...]"). Can't find a source saying there was a warrant prior to this. > The warrant was for documentation after the protesters shot fireworks to bring out first responders from the ICE facility, and allegedly one of the group shot a responder in the neck instead of the head. It's true that demonstrators were setting off fireworks, and it's true that Benjamin Song later shot at a police officer who had drawn his gun. But it's just the government's narrative/speculation that the intent of the fireworks was to draw out first responders to ambush, and that Sanchez-Estrada's zines were in some way documentation of this despite him not being at the protest and his wife not being the shooter.

expedition3219 小时前

Chilling effect on demonstrations. If you attend one were someone starts shooting you become an accomplice. And ofcourse this also leaves the door open for a "false flag" incident.

mvdtnz10 小时前

Was this a "demonstration" though? They turned up to a detention center in the middle of the night and launched an attack clearly with the intention of getting past the gate (text message exchanges show they had scoped out the operations of the gate, how long it takes to open/close, how long it remains open, etc). That's not really a "demonstration", no one outside of the facility would even see it. Demonstrations should be in public view, not in the dead of night dressed all in black and armed to the teeth in an area where the public is expressedly forbidden.

f33d517310 小时前

It's one of those irregular verbs. My demonstration, your freedom fighting, their act of terrorism

cygx9 小时前

Per Wikipedia, at least at one point in time, it was supposed to be. Quote: Prosecutors produced group chat logs showing that the participants had debated at length whether they should bring guns. The former reservist allegedly wrote that "Cops are not trained or equipped for more than one rifle, so it tends to make them back off." Other chat participants argued that a noise demonstration was low risk and the assumptions about how police would respond were "way over the top".

RIMR9 小时前

That's really hard to swallow when the current president, who is responsible for the extreme uptick in ICE activity, pardoned 1,600 people who conspired against the federal government in favor of his agenda, but then that same government hands life-ruining prison sentences to people who weren't even present for conspiring against ICE. Especially when the crux of this entire case was that the convicted are members of a terrorist organization - a fact that was declared at the whim of this same president. I'm not saying that some of the people convicted don't deserve consequences for their actions, especially violence like shooting at officers. I'm not saying that this was a lawful assembly, especially given the documented intent to breach the facility and use pyrotechnics offensively. I am saying that this is an extreme escalation in action against dissent against the Republican agenda, with a highly visible inequality in enforcement against those who dissent similarly against the Democratic agenda. If this kind of heavy-handed action was taken against everyone who challenges our government, I would still be concerned, but it is doubly concerning that some members of our society appear to have the permission to do these things, while we destroy the lives of others with different politics.

goatlover9 小时前

Are ICE detentions legal? Is what ICE under the current administration behaving legally? The shooting an officer is the one crime, assuming the protestor wasn't shot at first. This administration has repeatedly lied about these sort of events, so I have a hard time believing the official account.

laughing_man5 小时前

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supertroop5 小时前

Stop conflating two different unrelated events. It is nauseating.

alterom4 小时前

They didn't shoot a cop. A single individual did. What you're calling for is collective punishment (a war crime in Geneva convention), and guilt by association (a perversion of justice). Kindly, abscond and desist.

smsm427 小时前

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evil-olive4 小时前

a police officer was shot in the neck by one person. nineteen people have been criminally charged. including seven people who were not at the scene at the time of the shooting. [0] you can have whatever subjective opinion about these prosecutions that you want. but at least try to get the underlying objective facts right. 0: https://en.wikipedia.org/wiki/2025_Prairieland_ICE_detention...

mulmen7 小时前

This is an oversimplification. I am not in favor of shooting the police in the neck but I absolutely will not tolerate an hindering of peaceful first amendment expression even when it happens in proximity to violence. What are the police even protecting us from at that point?

stevenwoo8 小时前

Unless one is a right wing protestor like Kyle Rittenhouse.

s1artibartfast5 小时前

Still dont see how people could have watched the videos and not seen a clear self defense angle.

expedition327 小时前

[deleted]

bluealienpie8 小时前

*Murderer

bandofthehawk5 小时前

You might have been misled by the media. If you watch the video footage and the trial it's pretty clear that he acted in self defense.

will42749 小时前

Being aware that he was moving the zines to obstruct a federal felony investigation is surely relevant. Intent is an important aspect of crime.

AdieuToLogic8 小时前

> Being aware that he was moving the zines to obstruct a federal felony investigation is surely relevant. Intent is an important aspect of crime. A sentence of 30 years in prison for obstructing an investigation is excessive, especially when compared to the "base offense level" of Involuntary Manslaughter (section 2A1.4 found here[0]) being between 12 and 22, roughly translating to between 10 and 51 months in prison[1] (assuming no prior felony convictions). Not 360 months, which is the length of this sentence. 0 - https://www.ussc.gov/sites/default/files/pdf/guidelines-manu... 1 - https://www.ussc.gov/sites/default/files/pdf/guidelines-manu...

rileymat26 小时前

Shouldn't the punishment for obstruction, in many cases, be higher than the base offense to prevent that as a default strategy to beat the base offense? Granted, not that much higher, but there is some logic to it being a greater offense.

xdennis5 小时前

> A sentence of 30 years in prison for obstructing an investigation is excessive Being excessive is the point. It's to deter others from trying to copy their actions.

Auracle7 小时前

I don't disagree, but our justice system is absolutely rife with unequal sentences. That doesn't make it right, but it doesn't mean we should go crazy over an individual instance of it when the whole system should somehow be overhauled.

koolba4 小时前

> Intent is an important aspect of crime. Intent ia required aspect of most crimes. When it’s missing, the charged crime usually includes recklessness.

wat100008 小时前

Intent is important but it’s not sufficient. Intent to obstruct isn’t enough. You have to actually intend to do something that would count as obstruction. It’s not illegal for me to make a sandwich even if I sincerely believe that making this sandwich will obstruct a felony investigation.

gmueckl5 小时前

I have not enough imagination to come up with a scenario where making a sandwich would create concern that it might obstruct an investigation. But obstruction is defined by intent and outcome, not the exact means. Abstractions like this are common and necessary in law. So, in your example you'd still be guilty.

aaron6956 小时前

[deleted]

customguy9 小时前

In what way could that possibly have obstructed that investigation?

will42749 小时前

? He moved them because his wife asked him to, because his wife didn't want the police to find them, because they spoke to her motive. So it would have obstructed the investigation by making it harder to prove her motive. Like how is this complicated? Somebody commits a crime and then calls you and says "Hey can you hide X so the cops don't find it?" Always a crime to hide X in these circumstances.

nl8 小时前

The link above literally says: > Conspiracy to Conceal Documents (Count 12) and other objects that would implicate Maricela Rueda in the riot and shooting at the Prairieland facility. > Defendants convicted: Sanchez Estrada and Maricela Rueda Obviously prosecutors always present things in the worst possible way for defendants, but I think the GP poster's point is pretty valid: > Being aware that he was moving the zines to obstruct a federal felony investigation is surely relevant. Intent is an important aspect of crime.

jMyles7 小时前

> Being aware that he was moving the zines to obstruct a federal felony investigation is surely relevant. Intent is an important aspect of crime. ...maybe to the so-called Department of Justice, but not in any moral sense.

sorry_outta_gas9 小时前

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vkou5 小时前

The federal felony investigation was for a protest where one asshole shot a gun, and the others, who didn't, got 70 years in prison. There is no world where this isn't completely fucking insane. There is no need to whitewash this. (Meanwhile, the Jan 6 insurrectionists, who were a credible threat to the peaceful transfer of power - the foundation of democracy - were all pardoned. By the guy who sent them there.)

stronglikedan4 小时前

If you lie with dogs, you're going to get fleas. :shrug:

dwroberts5 小时前

If this was an incident in Europe, comments like this would be talking about how clearly the state is corrupt, it’s account cannot be trusted, and obviously civilisation is collapsing because free speech outside of the US is dead. “You can be arrested for zines!” Inside the US though? No, clearly the state’s account is definitely accurate, the citizen is obviously guilty, it’s not only correct they are being jailed it is actually good, free speech - oh it’s not relevant because they committed unrelated crimes (we’re told. By the state’s account). US propaganda/copaganda on its own citizens really is something else to behold

antoniojtorres4 小时前

Yeah I feel like I’m going insane reading some of these comments.

N_Lens3 小时前

HN swings pretty far right.

vrganj2 小时前

HN has become a cesspit of fascists. They don't care about rule of law or consistent principle. They only care about it as a stick to beat their opponents with, if their side breaks it, it gets swept under the rug or defended with the thinnest of excuses.

sixothree3 小时前

> US propaganda/copaganda on its own citizens really is something else to behold I live in the deep south. It's so much worse than you think. I regularly have people argue with me that they don't deserve to have nice things (like paid vacation) because someone, somewhere, might get something they don't deserve. You know, those government employees are lazy and get paid for doing nothing. It's bizarre to an extreme. Mixed with the constant anger makes it particularly repulsive. I'll notice that everyone simultaneously seems angry about the same issue all at once. And it's almost always an issue that has no affect on them whatsoever. But they are _angry_ because someone is getting something they don't deserve. It's worse than you can imagine.

snvzz5 小时前

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viccis4 小时前

"Terrorist" is a floating signifier; it is not a term used by educated people intending other educated adults to discuss it. It's a term used by either the cynical or the dimwitted to elicit emotional responses from an audience that's commensurately ignorant or cruel. Saying "ah they deserved it because they were terrorists" is begging the question.

supertroop5 小时前

I agree but trump pardoned 1600 of them! Sucks? I agree.

CobrastanJorji8 小时前

Exactly. The content of the zines was not an issue in the case. This case is crazy, but it's not insane for free speech reasons.

Aeolun5 小时前

> make clear that those who choose violence over lawful expression will face the full force of the American justice system I’m sure Iran agrees.

viccis4 小时前

>choose violence over lawful expression You mean the ICE agents who've already chosen to respond with violence to any expression, lawful or otherwise, against them? Ah no, you mean the people upset about them illegally acting as secret police.

goatlover10 小时前

There are murderers who get shorter sentences. This is a clear attempt to discourage ICE protests by using the label "Antifa" as some sort of left-wing terrorist organization to send a message as the Trump appointed judge stated.

htx80nerd11 小时前

[deleted]

jasonlotito7 小时前

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justinhj7 小时前

Antifa are against fascism like North Korea is a Democratic Peoples Republic.

jMyles7 小时前

I don't approve of the violence apparently planned and carried out by these people, even though their cause was seemingly just. However, we can't afford to let the government's position dictate the particulars of all the facts here. The theory that the fireworks were lit to "bring out first responders" is just that - a theory, from the government's lawyers. The undisputed facts are that these people were working to disrupt an ICE facility, which is to say a facility of a lawless, criminal organization which, given its placement entirely outside any constitutional limitations, renders it, at least at a moral/ethical layer, ineligible for any sort of civic protections of its property or activities. A third party, who was employed by a police department, then aimed a firearm at these people, and one of them fired, in apparent self-defense at this person who was training a firearm on them. Again, I hate that they shot this dude who was just going his job. But it's certainly not tantamount to attempting a premeditated mruder. All of this 'moving zines' business is downstream of this basic fact pattern. I'm not willing to buy the government's advocacy that this was a crime to society in the first place, so I certainly don't have any ruffled feathers about moving zines. When the state brings its lawless armed kidnappers to heel and follows its own rules with the unrelenting strictness befitting a nation of laws and not of men, then we can talk about whether those same laws can be applied to persons attempting to disrupt its activities.

polski-g5 小时前

What in God's name are you talking about? Shot at a police officer "in self defense"? In what world do you have a right to try to murder a cop?

sbseitz9 小时前

yeah you know that's still a crock of sh*t.

WalterGR1 天前

5 days ago, 90 comments: https://news.ycombinator.com/item?id=48649884

rationalist1 天前

Thank you, at least that article doesn't require an email address to read it. > One fired an AR-15 at the police, which goes beyond legitimate protest into inciting violence (and maybe even deliberate provocation). Uh, I think firing a gun at someone is a bit more than "inciting violence", more like attempted murder? The article doesn't say what the actual charges were. Was it tampering with evidence? Although 30 years for just tampering with evidence doesn't seem right either. Maybe there's more that they're leaving out? Another comment in another HN thread shared this quote and link: > "Prosecutors said that the group launched a premeditated terror attack on the detention facility inspired by antifa ideology, by setting off fireworks, vandalizing property, and shooting at police officers who responded. One officer was struck in the neck with a bullet and survived." https://www.cbsnews.com/texas/news/ice-detention-attack-defe... Perhaps the cop getting shot in the neck is why they're throwing the book at them.

topgrain211 小时前

> Uh, I think firing a gun at someone is a bit more than "inciting violence", more like attempted murder? The shot cop had drawn a gun on someone who was running away. The judge didn’t even permit the defense to argue “defense of self or others” as a justification.

pc8611 小时前

Is it legal to shoot a uniformed police officer pulling a gun on someone?

topgrain28 小时前

Can it be defense of self or others, to shoot a cop who draws a lethal weapon on someone who's not an immediate threat? If it can't, the second amendment is even more pointless than it already appears to be.

protocolture9 小时前

Just moral, not legal.

daedrdev9 小时前

It is not legal to shoot the police who have their gun out. Considering they had much more firepower than the cops it's quite reasonable for the police to draw their gun

topgrain28 小时前

Who had much more firepower? That the cops knew about? The shooter was accused of ambushing the cops, but didn't fire until the cop drew on and aimed at a retreating protester (that part wasn't in dispute, it was part of the cop's testimony). AFAIK none of the other protesters had firearms, just the single shooter hiding on the edge of the woods. This was shortly before two people got murdered on camera by cops in Minneapolis, and after/around the same time as several other attempted murders (that would have been successfully spun as something chargeable on the victim, if not for video evidence showing plainly that the cops were lying)... so... it doesn't seem like a totally crazy notion to me, that a person might have shown up armed intending only to fire if it looked like a cop was going to shoot someone without a great reason. Maybe a jury would still have convicted (there was a bunch of fuckery with jury selection on this case, incidentally, and I mean way more than usual, even, it's worth reading about; like after what the court selected for on the jury, I believe they almost certainly would still have convicted) but not even being able to raise that defense seems nuts.

andyjohnson02 小时前

https://archive.ph/tm1pg

dghlsakjg10 小时前

This judge has a very high rate of overturned rulings, and reliably rules for conservative causes. Prosecutors openly acknowledge strategically filing cases in his court for conservative causes. It isn't a mistake that he was the judge here, and there is a very good chance the sentences will be overturned if not entire cases. Of course, that doesn't matter to these defendants, some of whom probably do deserve punishment for what they did, and all of whom will suffer through years of appeals, stress, etc. because some prosecutor wanted to make their career on a big case, and will have moved on years before this is all resolved. In short, the case was made for headlines, and after putting the defendants through hell, appeals will invalidate most of those headlines after incurring great expense on behalf of the taxpayers and defendants. https://en.wikipedia.org/wiki/Reed_O%27Connor

kpennell3 小时前

Here's him speaking at the Federalist Society - https://www.youtube.com/watch?v=HMTt9pxWBhA

exmadscientist6 小时前

And following on from that, this has all the hallmarks of a successful appeal for unreasonable sentences. However, it's going to go to the Fifth Circuit, who are, ah, not known for their friendliness to criminal defendants.

type021 小时前

Is there a functional Samizdat in US? https://en.wikipedia.org/wiki/Samizdat

reubenswartz6 小时前

If only he had deliberately hidden top secret documents with national security implications, he could be eligible to be president...

Chinjut8 小时前

A lot of people in these Hacker News comments are accepting the framing that moving the zines is evidence tampering and therefore deserves a 30 year sentence. What crime are zines evidence of?

9x396 小时前

>What crime are zines evidence of? Not quite the right framing. Look at the chain of events in the probable cause affidavit:https://storage.courtlistener.com/recap/gov.uscourts.txnd.41... Rueda was in the jail following arrest in an armed group after a firefight at the detention center where 20-30 rifle rounds had been fired, with a police officer killed as a result. In jail, Rueda called her mother to contact Sanchez because he would know what was going on. Rueda later directly called Sanchez and said, 'whatever you need to do, move whatever you need at the house'. Sanchez indicated to Rueda he had already been to her house. Sanchez was then observed leaving his house with zines and was observed moving the zines to an apartment of someone else's. The zines were the same TTPs for anti-gov, anti-LE civil unrest topics as seen before and thus considered likely to be connected. All in all, moving evidence from an investigation involving armed groups engaging in firefights with ICE isn't a stretch once we don't omit the facts known.

kristjansson3 小时前

Not killed, wounded.

bawolff8 小时前

I don't think that is the relavent question. Did he move the items because he believed that they were evidence being sought by the police? I don't really care if they are actually evidence of something or not. I care if the accused believed they were and moved them for that purpose.

vel0city7 小时前

Let's say someone is driving 35MPH. They think "oh snap, I think the speed limit is 30MPH here!". The posted speed limit is actually 40MPH. Was this person speeding or not? Should a cop ticket them for thinking they're doing something wrong, even if everything they were doing was legal? Did they even think the zines were implicated as evidence? Were the zines implicated as evidence? What crimes were being committed by ownership of these zines? If there's a warrant issued to search a house, and a resident of that house eats a ham sandwich for lunch while the cops are on their way, did they destroy evidence?

BobbyJo7 小时前

It's not illegal "because you think its illegal", it's illegal because "you had a court order to provide things that are relevant and you instead hid things you thought were relevant". If I hide someone who I think did a crime to help them escape police, I've now implicated myself in the crime, whether or not my trying to hide them actually caused them to get away with it.

vel0city7 小时前

> it's illegal because "you had a court order to provide things that are relevant and you instead hid things you thought were relevant" And yet when Trump does it with classified documents its not a problem. Where's his 30 years? Did he even have a warrant issued to him related to these documents? Are these zines even relevant evidence? Is everyone who has these magazines also now a criminal? What about other radical anti-government political pamphlets like Common Sense? > If I hide someone who I think did a crime to help them escape police Seems like quite a different thing than moving some political pamphlets. If they were shredding financial documents while being charged with financial crimes I'd agree. If they were hiding guns with a gun trafficking charge, I'd understand. Flushing drugs down the drain, sure. Moving political zines though? Really? What's the relevance again for the ownership of political pamphlets to committing crimes?

bawolff6 小时前

> Let's say someone is driving 35MPH. They think "oh snap, I think the speed limit is 30MPH here!". The posted speed limit is actually 40MPH. There is a difference between incorrect belief in what the law is vs incorrect belief in what actions you are taking. Although maybe that is not the most compelling. If you see the speed limit is 40, but you want to go faster so you hit the gas until you are going 60 and then brag with photo evidence about how you don't believe in speed limits on on facebook. Unbeknownst to you your spedometer was broken and you only hit 40. Should you get a ticket? That seems like a tougher call, but still a bit silly to give a ticket. a different example. You intend to murder someone. The intended victim puts their clothes on a manequin in hopes of distracting you while they make their escape. You shoot the manequin. Did you commit a crime?

vel0city6 小时前

Intending to murder someone is often directly a crime though, so yes. And murdering people is illegal. Moving some magazines isn't normally illegal. I wouldn't normally assume having some magazines is evidence of a crime. And if they are, what crime was owning the magazines involved in? That you happen to read some of the same articles as someone else who committed a crime? Is sharing the same books as others now implicating you as a terrorist?

Teever3 小时前

You might find this interesting: https://en.wikipedia.org/wiki/Mens_rea

s1artibartfast4 小时前

I didn't see anyone arguing it was worth 30. I saw a lot aruing that it was a crime, and more than moving zines

Aeolun4 小时前

Let me get this right… all these people got from 70-100 years in prison for spray painting slogans on the side of some ICE infrastructure, and setting off fireworks. Then fair enough, one of them shot a police officer, but the officer survived, and even the FBI employee described in the trial that he’s not sure who shot first. The US is insane. What’s to stop any future antifa group from immediately opening up on all the personel involved? They were carrying the guns for it, and apparently it doesn’t make a hoot of difference to the sentencing…

N_Lens4 小时前

It's naked fascism and about sending a message. A lot of HN visitors align right wing because capital usually aligns with the right wing, and people here are better off than most. In my opinion capital will no longer serve as the reliable survival signal that it has upto now, and we're in a transitional era. Optimizing purely for capital is not likely to ensure the survival of the human race, neither collective nor individual. Infact it is the very drive to maximize capital which is threatening our survival.

thunderfork6 小时前

Insane charges, insane justifications, and judging by the comments in this thread, I feel insane for having ever believed in the myth of the "decent conservative".

Chinjut6 小时前

Hacker News is for people who believe in the hacker ethos "It is immoral to do anything the government takes issue with and you deserve whatever punishment you get for doing so, unless it was breaking regulations to make money, the highest calling".

tkel5 小时前

Also, "It's okay for the government to shoot people, use explosives, kidnap people and put them in cages for their entire lives. But if you try to stop them, you are bad and deserve to be in a cage for your entire life."

magenta410 小时前

Freedom of speech is absolute. It doesn't matter what the government thinks of the situation. It isn't a "crime" to move publications, even if the police think that. It's sickening how this could even possibly happen.

polski-g5 小时前

It is absolutely a crime to conceal evidence in an ongoing criminal trial. The contents of the publications is absolutely irrelevant: the individual was asked to conceal evidence and agreed to do it.

khalic30 分钟前

How does that boot taste?

vrganj2 小时前

What are zines evidence of?

will42749 小时前

It's a crime to deliberately conceal another crime, whether you do it by raking leaves, deleting Internet posts, or setting your car on fire. It's called accessory after the fact.

Aeolun4 小时前

That’s only the case if the zines are evidence of anything. What were they evidence of?

microgpt9 小时前

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unknown8 小时前

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zombot1 小时前

Holy Fuck. If anybody still needed proof that It Can Always Get Worse™, this should serve the purpose.

ChrisArchitect1 天前

More discussion: Texas man sentenced to 30 years for transporting pamphlets https://news.ycombinator.com/item?id=48659703 Signs you're a dangerous terrorist: using Signal, moving zines https://news.ycombinator.com/item?id=48649884

jrexilius6 小时前

The wonderful thing about our current culture is that each side thinks that further empowering the federal government is the solution. And it will only be used by their side against their enemies (other american citizens). No thought at all to the fact that the other side will take power in 4 years. No, no.. short term power is all that matters. The Biden administration started targeting "right-wing terrorists", now its Trumps turn to take it up a notch. Can't wait to see what the left does when they take power in a couple years. I think the technical term for this is death spiral...

paulryanrogers4 小时前

> The Biden administration started targeting "right-wing terrorists" Where can I read more about this?

cobbzilla4 小时前

https://www.complexsystemspodcast.com/episodes/splc-financia...

unknown8 小时前

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focusgroup05 小时前

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