(a) Murder is the unlawful killing of a human being with malice aforethought. Every murder perpetrated by poison, lying in wait, or any other kind of willful, deliberate, malicious, and premeditated killing; or committed in the perpetration of, or attempt to perpetrate, any arson, escape, murder, kidnapping, treason, espionage, sabotage, aggravated sexual abuse or sexual abuse, child abuse, burglary, or robbery; or perpetrated as part of a pattern or practice of assault or torture against a child or children; or perpetrated from a premeditated design unlawfully and maliciously to effect the death of any human being other than him who is killed, is murder in the first degree.
(B) appear to be intended—
(i) to intimidate or coerce a civilian population;
(ii) to influence the policy of a government by intimidation or coercion; or
(iii) to affect the conduct of a government by mass destruction, assassination, or kidnapping; and
(C) occur primarily within the territorial jurisdiction of the United States.
According to the United States Constitution, Article III, § 3, “Treason against the United States, shall consist only in levying war against them, or in adhering to their Enemies, giving them Aid and Comfort. No Person shall be convicted of Treason unless on the Testimony of two Witnesses to the same overt Act, or on Confession in open Court.”
Under federal statute, a person guilty of treason against the United States “shall suffer death, or shall be imprisoned not less than five years and fined under this title but not less than $10,000; and shall be incapable of holding any office under the United States.” 18 U.S.C. § 2381. [*1]
Someone aiding in or contributing to the commission or concealment of a felony, e.g. by assisting in planning or encouraging another to commit a crime (an accessory before the fact) or by helping another escape arrest or punishment (an accessory after the fact). An accessory, unlike an accomplice, is typically not present when the crime is committed.
Accessory After the Fact: Someone who assists another 1) who has committed a felony, 2) after the person has committed the felony, 3) with knowledge that the person committed the felony, and 4) with the intent to help the person avoid arrest or punishment. An accessory after the fact may be held liable for, inter alia, obstruction of justice.
This is the law.
These are the charges.
It’s a longstanding precedent in United States legal history that agents of the law are not immune to the law – a fact underscored by the 1st, 4th, 5th, 6th, 7th, 8th, and 14th Amendments of the national Constitution.
The actions of the Ferguson Police Department within the last week have fit the legal definitions presented above. Those charges MUST be pursued to the furthest extent of the law, or those laws have no meaning.
Heads must roll in Ferguson – not simply the head of Darren Wilson, who is legally guilty of First-Degree Murder, but the heads of the police chief and most of the officers involved in this fiasco. We do not execute people in the street for petty theft – if such theft even occurred at all – much less for jaywalking, and so at the very least this is a case of murder, obstruction of justice, excessive force, terrorism, and criminal levels of incompetence, neglect, and depraved indifference to life and law.
But there’s a lot more at stake here than the behavior of a single town’s police force.
Unless the full weight of the law is brought to bear against all of the responsible parties, the Ferguson “situation” presents an awful precedent of militarized police using deadly force to subdue the civilian population while concealing the murder of unarmed citizens while also slandering those citizens on a national scale.
If it happens once, and is allowed to slide, it will happen again.
And next time will be even worse.
For the sake of the nation, call this insanity what it is.
*1 – Why this last part – Section 3 of the 14th Amendment of the U.S. Constitution – has not been applied to Rick Perry, Sarah Palin, Michelle Bachmann, Ron and Rand Paul, and other advocates of armed insurrection against and/ or secession from the United States federal government shall remain a mystery for the ages.
*2 – The “treason” part is debatable, if only because the cops did not open fire on the state troopers and the F.B.I. However, the reports of covert sabotage against them must be investigated, because treason charges may still apply if those accusations prove to be true. The police threats to arrest and detain Sen. Maria Chappelle-Nadal – and the tear-gassing she received – could still be construed as treason. Had a Republican senator been treated in such a way by a Democrat-led police force, such accusations would certainly be pressed.