I don't think an argument of:As for the FACE act, any conviction has probably been jeopardized by all the above (first time, open doors, welcome mat) plus the recent pardons, plus the appearance of malicious prosecution against the journalists which taints the whole case.
- "Well, our stated intent was to disrupt a worship service in a Church, but.... there were no locked doors, guards or 'keep out' signs at that church. So..... everything is cool-right? is going to work at a trial (sentencing, yes. I think it could be offered as a mitigating circumstance.).
In the end the FACE Act's key components seem to be: Did you inhibit first amendment freedoms at a place of worship (Check Yes, or check no)?. Not.... Ok, did you force your way in and then inhibit those freedoms? If I were a defense attorney, I would give my protester client a hard reality check:
- Let the others present any arguments they want, you are facing serious time.
- Lets try to plea bargain. We can plead guilty to a state charge of Criminal Trespass. Or, a lesser Federal Charge if one exists. Cant Plea Bargain? Then plead guilty. We"ll ask for minimum time based on:
Your honor: My client did not organize the protest and did not select the target. He / she made an impulsive decision to participate. When she saw the famous Don Lemon decked out in Lemon stuff and unpacking journalism gear, she thought she was engaging in a lawful protest. She never would have knowingly engaged in anything unlawful. She has no prior arrest record.
As Ruminations points out, my client did not force her way into the Church. In fact, she did not anticipate going into the Church at all. She thought the goal was to pass out Antit ICE flyers to people leaving, maybe chant some slogans. But, yes, caught up in the moment, she followed the others in. She, (following Rumination's lead) walked into the Church via the open front door. She acknowledges her guilt in suppressing First Amendment Freedoms in a place of worship. She is truly sorry and deserves a minimum, very minimum sentence.
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