Rittenhouse Military - FOX6 News cameras saw Wisconsin National Guard troops training Wednesday, Nov. 17 as jury deliberations in the Kyle Rittenhouse trial continued.
Kenosha, Wis. - As the world waits for a jury to decide the Kyle Rittenhouse case, FOX6 News cameras caught Wisconsin National Guard troops training on Wednesday, Nov. 17.
Rittenhouse Military
Governor Tony Evers activated 500 troops. They will be on standby should local police in Kenosha request their assistance.
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Troops and Humvees assembled about 35 minutes away from the Kenosha County Courthouse and another group more than an hour away. There, supporters and opponents of Rittenhouse gathered, engaging in intense debate, including some fights.
The mission of the troops on standby in Waukesha and Milwaukee counties is to assist local law enforcement and first responders and protect what is considered critical infrastructure.
"I've talked a lot with many local authorities, they feel comfortable now that they have the resources they need to maintain public safety. They have 500 National Guard troops," the US representative said. Brian Steele, whose district includes Kenosha. "To measure that: on the Monday after the original incident, there were only 125 National Guard troops. On Tuesday, when the incident that is currently being discussed by the jury, there were only 250 National Guard troops. So, it's positive. We finally got the message. to see that."
"Currently we do not have any officers or agents actively involved in Kenosha. However, any large-scale incidents involving disturbances or police assistance, we will evaluate any requests that may come our way and respond within our capabilities," Racine Police Lt. . Chad Melby said.
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As a crowd gathered outside the Kenosha County Courthouse, some supported Rittenhouse while others opposed the 18-year-old.
"I don't think the National Guard is necessary. I mean, we've been meeting here since the case started. It's been civil for the most part. We're hoping for justice, but in the absence of it, I. Don't believe they won't tear the city apart. ,” said Kenosha resident Veronica King.
"I came out to show my (Second Amendment) sign. If something happens to me, I'm not going to back down, I'm going to leave the situation. If I see something broken, that's my exit. I'm done," said Matt McGinnis of Delavan.
Kenosha police said "malicious actors" have been spreading disinformation online, but so far there is no credible threat to public safety.
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Wisconsin National Guard headquarters sent out a survey to active duty troops, obtained by FOX6, asking if they would be negatively impacted if current active duty continued over the weekend — when the state's rifle deer season begins. The survey also asked troops if they would be negatively affected if they continued on active duty through Thanksgiving.
Kyle Rittenhouse's attorneys asked the judge Wednesday to declare a mistrial before the jury decides, saying the defense obtained a copy of a key video from prosecutors.
Tempers flared outside the Kenosha County Courthouse on the second day of jury deliberations in the Kyle Rittenhouse trial, a case that has been polarizing from the start.
FOX6 has learned jury consultant Jo-Alan Demetrius worked with the Rittenhouse defense team. The veteran trial expert helped pick the jury that convicted O.J. Simpson. Members of the Boogaloo movement attend a protest against coronavirus lockdown measures at the New Hampshire State House in Concord on April 18. Michael Dwyer/AP File
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The legal team for 17-year-old Kyle Rittenhouse called him a member of the "militia" and "minute man," referring to the patriot troops who fought the British at Lexington and Concord in 1775. This terminology, although archaic, is very common in gun circles, with more and more radicals acting as if the US Constitution had delegated them to form paramilitary groups.
In Rittenhouse's case, he patrolled the city's streets with members of the radical Boogaloo Boise militia after allegedly shooting three protesters with an AR-15 type rifle in Kenosha, Wisconsin, on the last Tuesday of August.
We need to back off from this militia nonsense. These private paramilitaries are illegal and should be treated like officers.
And they weren't the only ones running around defying curfews with long guns in the midst of fierce protests after the police shooting of Jacob Blake. There was also the Kenosha Guard, a brand new creation by a local private investigator who claimed he "didn't need government permission" to command a militia.
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This is not true. Yet the lack of understanding of what a militia is under US law and how it operates is being exploited by private armed groups. It is important that our local officials and law enforcement understand this because these groups are facing tragedy.
Creating a militia is not the same as exercising your Second Amendment rights to, say, arm yourself with a gun and defend your store from robbers. A civil force acts under the authority of the President or Governor; If not, it's just an armed mob. And while it's possible that these private paramilitaries think in their own minds that they're keeping the peace, what they're actually doing is infecting the opposition with a greater potential for violence.
The idea that common citizens are called upon to defend the community in times of need has deep roots in the Anglo-Saxon and republican traditions, which emphasize the ideals of political engagement, civic virtue, and the economically independent landowner. Colonial-era Republicans saw the militia as a healthier alternative to a professional standing army (or, as we affectionately call them today, "armies"), then associated with tyranny.
Federalists, opposed to a strong national government, disliked militias, and wanted an army, given its general performance during the Revolution. George Washington himself referred to the militia as "a broken staff." But the concept survived in the militia clauses of the Constitution and in the Second Amendment, in which Patrick Henry, to meet the republican objections of anti-federalists, declared, "Give me liberty, or give me death!"
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The Green Mountain Boys of Vermont, a paramilitary group from western Vermont, without matching uniforms, are shown sailing on Lake Champlain during the Revolution, 1775. AP Photo
To further appease the anti-federalists, the constitution divided control over the militia. Congress oversaw the arming, organization, and discipline of the militia, while the states provided training and officers. Governors were usually in charge of their own state militias, but the president could call them out to repel raids, enforce laws, and put down rebellions.
All in all it was a good idea. But once again the militia was largely demoralized during the War of 1812, and as enthusiasm for conscription and universal force waned in the decades that followed, citizens turned to forming militias with broomsticks and cornstalks instead of guns. Only the southern states actually had militias—because they needed them to enforce slavery.
In 1903 we officially divided the militia into the "organized militia," that is, the National Guard (and later the state army), and the "unorganized militia." This other militia includes every able-bodied male between the ages of 17 and 45 and serves, at least in theory, as a reserve body that can be called up for duty by the president. (States have their own rules for militia membership; for example, Illinois now counts women in its state militia.)
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So, being part of an unorganized militia gives you and your friends the right to sling AR-15s across your chest, don camisoles, and patrol the streets of Kenosha and other cities as the self-proclaimed super-patriot Constitutional Militia for Liberty and Tricorn. hat? No, because militias are not armed gangs; It operates under a mandate of legal authority that a self-governing group does not.
David Koppel, director of research at the Freedom Institute, notes that in the early and mid-1800s there were privately organized militias: they were "like the Elks Club." But they had to be organized like regular militia, and even when they served as an intact unit, they did so under federal control. They also had to have a state charter.
Indeed, Amy Swearer, a legal fellow at The Heritage Foundation's Mees Center for Legal and Judicial Studies, notes that there is "no affirmative right" to form their own militias. He cited Presser v. Illinois, in which the Supreme Court ruled in 1886 that a German immigrant did not have a Second Amendment right to march his socialist militia in Chicago without state authorization.
"All 50 state laws prohibit private militias in some form that are not accountable to civil government rights," said Mary McCord, legal director of Georgetown University's Institute for Constitutional Advocacy and Preservation.
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These restrictions may come in the form of constitutional provisions affirming civilian control over military forces or criminal laws prohibiting private citizens from being affiliated with or publicly drilling as a military unit. In fact, after the 2017 "Unite the Right" march in Charlottesville, McCord relied on Virginia law to successfully sue right-wing and left-wing militias on behalf of the city and local businesses.
For those private paramilitaries
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