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May 2, 2017

MAY DAY Anarchists Attack Police In Portland Oregon - Why Are They Not Being Charged With Felony Rioting?

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By Susan Duclos - All News PipeLine

Once again a peaceful protest, which is the right of Americans to peaceably assemble to protest, guaranteed by the U.S. Constitution, was infiltrated by self-identified anarchists, who planned, organized and incited a riot, leading to the arrest of 25 people.

Some of what is documented as having  occurred in Portland, Oregon yesterday, includes but is not limited to: Attacking law enforcement and fire fighters with rocks, bottles, ball bearings, fireworks, smoke bombs, and road flares, along with acts of vandalism to Downtown businesses, cars, and public and private property, while setting fires in the street and in garbage cans, and attempting to set fire to at least one business.

An hour after the permitted, peaceful protest began, anarchists descended and conditions devolved to the point where the Portland Police officially declared "#MayDayPDX is now considered a riot."

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According to the PortlandOregon.gov website, 25 people were arrested, 22 adults and three juveniles ages 14, 17 and 17. The site listed their names, ages and the charges leveled against them, which consists of "Disorderly Conduct in the Second Degree," for all of them, an additional charge of resisting arrest for one, a charge of assaulting a police officer for one, and two were charged with interfering with a peace officer. 

All three juveniles were released to a parent. All adults received a traffic citation for violation of Oregon Revised Statute (ORS) 811.535 (Failing to Obey a Police Officer). The site also asserts "The arrests of all involved will be reviewed for possible additional charges of Riot, Criminal Mischief and/or other criminal charges."

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(Arrested May 1, 2017, Portland, Oregon MayDay Riots)

Oregon law shows "Disorderly conduct in the 2nd degree is a Class B misdemeanor.

Interfering with a peace officer or parole and probation officer is a Class A misdemeanor and Resisting arrest is a Class A misdemeanor. Assaulting a public safety officer is a Class C felony.

So as to charges already filed, only one of the 25 is being charged with a felony, the rest initially charged with misdemeanors? What's up with that???

While the carefully worded statement indicates that additional charges are "possible," including Riot which is a felony as well, until and unless those additional charges are leveled, it is all talk.

This also brings up some serious issues for Portland authorities and its Mayor, Ted Wheeler and Governor Kate Brown, and why the charges amount to no more than a slap on the wrist.

First, since the Portland Police Department were forced to officially declare the May Day protest a riot, why were those arrested not automatically charged with Riot, which is a Class C felony?

More importantly, why are they not being charged under U.S. Law for "Riot" and inciting a riot, which carry far harsher penalties under federal prosecution.

18 U.S. Code § 2101 - Riots and 18 U.S. Code § 2102 - Definitions


18 U.S. Code § 2101 - Riots:

(a) Whoever travels in interstate or foreign commerce or uses any facility of interstate or foreign commerce, including, but not limited to, the mail, telegraph, telephone, radio, or television, with intent— (1) to incite a riot; or (2) to organize, promote, encourage, participate in, or carry on a riot; or (3) to commit any act of violence in furtherance of a riot; or (4) to aid or abet any person in inciting or participating in or carrying on a riot or committing any act of violence in furtherance of a riot; and who either during the course of any such travel or use or thereafter performs or attempts to perform any other overt act for any purpose specified in subparagraph (A), (B), (C), or (D) of this paragraph— [1] Shall be fined under this title, or imprisoned not more than five years, or both.


In the age of the internet, the interstate or foreign commerce or uses any facility of interstate or foreign commerce references include using the web, via forums, social media, chats or websites.

18 U.S. Code § 2102 - Definitions:


(a) As used in this chapter, the term “riot” means a public disturbance involving (1) an act or acts of violence by one or more persons part of an assemblage of three or more persons, which act or acts shall constitute a clear and present danger of, or shall result in, damage or injury to the property of any other person or to the person of any other individual or (2) a threat or threats of the commission of an act or acts of violence by one or more persons part of an assemblage of three or more persons having, individually or collectively, the ability of immediate execution of such threat or threats, where the performance of the threatened act or acts of violence would constitute a clear and present danger of, or would result in, damage or injury to the property of any other person or to the person of any other individual.

(b) As used in this chapter, the term “to incite a riot”, or “to organize, promote, encourage, participate in, or carry on a riot”, includes, but is not limited to, urging or instigating other persons to riot, but shall not be deemed to mean the mere oral or written (1) advocacy of ideas or (2) expression of belief, not involving advocacy of any act or acts of violence or assertion of the rightness of, or the right to commit, any such act or acts.


SELF-DESCRIBED ANARCHISTS ORGANIZED THE RIOT

It is not like the federal authorities have to look hard to find ample evidence that this was a planned riot, as a group called the "Anarchist Student Union," scheduled an "event" on their Facebook page, called the "May Day Anti-Capitalist March," to be held during the already scheduled peaceful event planned by the May Day march, where they stated "This will be at the same time as the permitted march. We'll respect the organizers and people of the permitted march to a point, then we shall do our own thing."

As part of that event, they offer the following suggestion "We recommend that people wear all black, as well as masks, for your safety from the cops as well as fascists. It shows everyone we are in solidarity with everyone else present."

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MARCH 2, 2017 - ANARCHISTS ACCUSE POLICE OF ESCALATION, VIDEOS OF EVENTS PROVE DIFFERENTLY

Now that same anarchist groups issues a statement claiming that police escalated the event, saying they were "fabricating" claims of Molotov cocktails being thrown at police, and asserting that police "Arbitrarily revoking the march permit and informing only the rear of the march, while the elderly, youth, and folks with mobility issues were at the front."

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The problem for these self-proclaimed anarchists that incited the rioting, is that videos of the event, prove their denials are lies.

In the video below KOMO news was documenting that objects were being thrown at police, as well as law enforcement clearly on megaphones in the background cancelling the permitted event due to the rioting, while the reporter details the anarchists "tipped over a dumpster," saying it looks like they put some "incendiary devices" inside to  start a fire.  The reporter also says "masked protesters" were vandalizing cars. 

The reporter goes on to say that it seems the motto for these masked anarchists was "Destroy Portland," as he followed them, documenting their destruction, saying "its getting out of hand." He also estimates anywhere from 80 to 100 people in black masked "destroying the city." The anarchist event Facebook page claimed that 120 attended.

Compare the live report as it was happening to the claims of the anarchist group after the event as they were attempting to play the "victim" when they organized the chaos and incited the rioting.



BOTTOM LINE

The only way to deter groups like Antifa, and other anarchist groups from organizing and inciting riots, assaulting police and stripping peaceful protesters of their constitutional right to "peaceably assemble" because of anarchists rioting and endangering the public, is to prosecute them under U.S. law, rather than allowing liberal Mayors like Wheeler, or liberal Governors like Brown to do nothing more than give these thugs a slap on the wrist after causing so much destruction.

Give a few of these self-proclaimed anarchists that pretend to be victims after rioting and trying to destroy a city, the maximum sentences and it will send a message to the others to either peaceably protest without violence and vandalism, or go straight to jail and be charged with federal crimes.

Below, I go over some of the sites linked within this article, as well as the Portland Police Department's Twitter feed where they documented events as they occurred in real time, from the beginning of an expected protest and march which began peacefully, to how it devolved into utter chaos and violence when masked thugs arrived.



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