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KENOSHA, WISCONSIN - NOVEMBER 17: Kyle Rittenhouse looks back as attorneys discuss items in the motion for mistrial presented by his defense during his trial at the Kenosha County Courthouse on November 17, 2021 in Kenosha, Wisconsin. Rittenhouse is accused of shooting three demonstrators, killing two of them, during a night of unrest that erupted in Kenosha after a police officer shot Jacob Blake seven times in the back while being arrested in August 2020. Rittenhouse, from Antioch, Illinois, was 17 at the time of the shooting and armed with an assault rifle. He faces counts of felony homicide and felony attempted homicide. (Photo by Sean Krajacic - Pool/Getty Images)

Democrat Representative Nadler Suggests Rittenhouse Face Federal Charges

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Democrats were predictably furious after Kyle Rittenhouse was found not guilty of murder and now they are looking for other ways to get, what they believe is justice.

When elected officials express disappointment in a jury verdict it becomes concerning, and one of those politicians was New York Rep. Jerry Nadler, Fox 6 reported.

“This heartbreaking verdict is a miscarriage of justice and sets a dangerous precedent which justifies federal review by DOJ. Justice cannot tolerate armed persons crossing state lines looking for trouble while people engage in First Amendment-protected protest,” he said in a tweet.

In order for Rittenhouse to face federal charges, there are several complicated factors that could make it unlikely for federal prosecutors to pursue a case.

For most homicide cases, federal law typically only applies in crimes that specifically violate federal law. According to Shouse Law Group, a criminal justice team in Los Angeles, the crime of murder “is prosecuted in state courts as a state crime. But murder becomes a federal crime when it occurs in violation of federal law, or when it takes place on a federal land or territory.”

“The federal crime of murder is defined as the ‘unlawful killing of a human being with malice aforethought.’ In general, there are seven scenarios when an unlawful killing violates the laws of the federal government,” it said.

The Law Group said that federal charges can come when:

  • the murder is of a federal judge or a federal law enforcement official
  • the killing is of an immediate family member of a federal law enforcement official
  • the murder is of an elected or appointed federal official
  • the killing is committed during a bank robbery
  • the killing takes place aboard a ship at sea that is engaged in interstate commerce per the Commerce Clause of the U.S. Constitution
  • the murder was designed to influence a court case
  • the killing takes place on federal property

He was joined by President Joe Biden who also expressed dismay with the verdict.

“I stand by what the jury has concluded. The jury system works and we have to abide by it,” he said to reporters at the White House.

But after some time, he issued an official statement in which he described himself as “angry” at the verdict.

“While the verdict in Kenosha will leave many Americans feeling angry and concerned, myself included, we must acknowledge that the jury has spoken. I ran on a promise to bring Americans together, because I believe that what unites us is far greater than what divides us.  I know that we’re not going to heal our country’s wounds overnight, but I remain steadfast in my commitment to do everything in my power to ensure that every American is treated equally, with fairness and dignity, under the law,” he said.

“I urge everyone to express their views peacefully, consistent with the rule of law.  Violence and destruction of property have no place in our democracy.  The White House and Federal authorities have been in contact with Governor Evers’s office to prepare for any outcome in this case, and I have spoken with the Governor this afternoon and offered support and any assistance needed to ensure public safety,” he said.

He was joined by New York City Mayor Bill de Blasio.

“Anthony Huber and Joseph Rosenbaum are victims. They should be alive today. The only reason they’re not is because a violent, dangerous man chose to take a gun across state lines and start shooting people. To call this a miscarriage of justice is an understatement,” he said on Twitter.

“The far-right trolls who think it makes a difference whether a violent gunman got his weapon before or after he crossed state lines are missing the point: two people are dead and their killer is left unaccountable. That’s not justice and they know it,” he said.

And they were joined by another elected New Yorker.

“What we are witnessing is a system functioning as designed and protecting those it was designed for. My heart still breaks for the communities and families whose grief now compounds, and the countless others who will be denied and deprived in similar scenes across the country,” New York Rep Alexandria Ocasio-Cortez said.

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