Berkeley Rioting – Police Inaction Inexcusable

by Jack

Aug. 27th, 2017 - Black-clad antifa members attack peaceful right-wing demonstrators in Berkeley.  Police stand-by and do not interfere with attackers, allegedly they were acting under orders not to get involved when the rioting broke out.

I have a few questions about this terrible incident.  First question:  Why didn’t police arrest ANTIFA demonstrators?

They sure had plenty of cause to make arrests and they had all the manpower necessary.

The ANTIFA are the ones wearing black clothing and masks in picture.  The last time I checked forcing your way past a police barricade wearing a mask to attack someone is a public offense.

Penal Code 148a:  Resisting, delaying or obstructing an officer in the performance of his duties, a misdemeanor…  Could get you 6 months in jail!

Penal Code section 185: Provides that it is a misdemeanor for any person to wear any mask, false whiskers or any personal disguise (whether complete or partial) for the purpose of evading or escaping discovery, recognition, or identification in the
commission of any public offense.

Was Berkeley obliged to provide protection to the victim protestors attacked by ANTIFA?

The Bane Act,” Civil Code section 52.1 –provides protection from interference by threats, intimidation, or coercion or for attempts to interfere with someone’s state or federal statutory or constitutional rights (these include association, assembly, due process, education, employment, equal protection, expression, formation and enforcement of contracts, holding of public office, housing, privacy, speech, travel, use of public facilities, voting, worship, and protection from bodily restraint or harm, from personal insult, from defamation, and from injury to personal relations)– proof of “hate motivation” required, according to a 1994 Court of Appeal decision in Boccato v. City of Hermosa Beach.

Did the police officers at the scene of the rioting who witness people being attacked and knocked to the ground by ANTIFA rioters have a duty to render aid and make arrests?

Apparently this is a big NO, according to CA.  The law requiring officers to act during the commission of a felony is no longer on the books.  Also the Supreme Court issued several decrees saying no, cops did not have a legal duty to act.  But civil laws says yes, so there can be a civil suit, but not a criminal trial.

But, if you read the Peace Officer’s oath, you would think he/she has a moral and legal duty to act….

3-1. Code of Ethics:  To insure that all peace officers are fully aware of their individual responsibilities to maintain their own integrity and that of their agency, every peace officer, during basic training, or at the time of appointment, shall be administered the Law Enforcement Code of Ethics, as prescribed in Regulation 1013.

Code of Ethics

3-2. AS A LAW ENFORCEMENT OFFICER, my fundamental duty is to serve mankind; to safeguard lives and property; to protect the innocent against deception, the weak against oppression or intimidation, and the peaceful against violence or disorder; and to respect the Constitutional rights of all men to liberty, equality and justice…    I will constantly strive to achieve these objectives and ideals, dedicating myself before God1 to my chosen profession…law enforcement.”

Next – Laws relating to hate crimes and speech…

PC 71 Threats against a police officer or his/her family.  (Hate speech?)

PC 76 Threatening Life of or Serious Bodily Harm to Public Official, Staff, or Member of Immediate Family.

Miscellaneous – Civil Rights.  I just found this section rather interesting….

Text of Section 242 U.S. Code, Title 18, Section 242: Deprivation of rights under color of law.

Whoever, under color of any law, statute, ordinance, regulation, or custom, willfully subjects any inhabitant of any State, Territory, or District to the deprivation of any rights, privileges, or immunities secured or protected by the Constitution or laws of the United States, or to different punishments, pains, or penalties, on account of such inhabitant being an alien, or by reason of his color, or race, than are prescribed for the punishment of citizens, shall be fined under this title or imprisoned not more than one year, or both;…

Summary of Section 242 This law makes it a federal crime, punishable by a fine or imprisonment up to one year, or both: for any person, acting under color of any law to willfully deprive any person of any legal right or to subject any person to a different punishment or penalty based on that person’s color, race, or citizenship status Meaning to peace officers Peace officers can be prosecuted criminally if they apply a law unevenly because of a person’s color, race, or the fact that the person is an undocumented person.

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13 Responses to Berkeley Rioting – Police Inaction Inexcusable

  1. Peggy says:

    A reporter-type guy’s life is saved by fellow reporter from beating by Antifa at Berkeley.
    In the video he says the police prevented the right-wing attendees from entering the park with protective shields. But, allowed Antifa wearing mask inside the barriers.

    He clearly stated the attacks broke out after it was announced the police were gone. Sounds like a trap was set up inside the park and sprung when the police left.

  2. Libby says:

    Where did you get this? It’s bull.

    • Tina says:

      Jack’s post couldn’t be more clear…it’s the law, stupid.

      If this country were not so inundated with Marxists (not constitutionally correct) these mayors and police chiefs would be run out of town.

      And Libby, where did who get what?

      Jack was quoting code, Peggy’s link reveals itself as do J. Sodens’ links. (FOX and Breitbart)

      At least one of J’s references also contains a link to information that verifies the claim.

      Democrats have been very slow to condemn Antifa (how can they when so many of them align with or help fund it?) but Nancy Pelosi apparently did condemn the “violent acts” today (she wants to regain the House so she can wield that big gavel).

      The Notre Dame & Saint Mary’s student newspaper “Observer” today put out a call to condemnAntifa. No friend to Trump, this writer (conservative) soft pedals the message at the start but eventually manages to find some clarity. But isn’t it a bit nuts that he has to write the piece?

      I have a problem with students and others constantly “calling out” groups for condemnation and then insisting that everyone else do so too. Too often they stretch the definition of the group to include anyone who disagrees with them. Thus, Tea Party groups were labeled racist and dangerous…and conservatives are automatically considered “fascist,” which is patently absurd, unless they believe the Constitution is fascist.

      Gateway Pundit, “NEW: Domestic Terrorist Bill Ayers Working With ANTIFA Terrorist Group”

      This should surprise no one. Ayers was involved in the Occupy movement. The avowed communist’s history of violence and his remark after 911 that he should have done more (than use bombs?) through SDS make him the perfect student mentor for violence and agitation. If they think this $#!# is what America is about they have another thing coming.

      A long tough fight is required to restore this republic.

    • Peggy says:

      What is “bull” is your comment. Read this and educate yourself for once unless you really want to destroy this country.

      Saving the Country from Its Own Government:
      By Scott S. Powell

      “Make no mistake. Removing statues and monuments related to the Confederacy, which is driven by the left, is not about redressing the legacy of slavery and racism, but rather it’s to advance the agenda to takedown the United States. There is, after all, enormous leverage for the left in transforming historic monuments of America’s past into symbols of racism and oppression. It’s like giving a new set of crowbars and sledgehammers to America’s internal enemies to help them further pull apart the unity of the American people, divide the electorate, and bludgeon their political opponents and particularly the present populist president, Donald Trump — to arouse yet more hatred and animosity toward him.

      This demolition campaign needs to be understood not only in the context of past and present politics, but also in context of the philosophy of those leading the agenda, the 50-year continuum of secular progressive accomplishments that preceded this, and most importantly why this stage may be the lynchpin in taking the country down.

      Philosophically, the left’s secular progressivism has always been rooted in Marxism and its neoMarxist offspring that are predominantly focused on socialist redistribution, environmentalism and race, class and gender warfare. This not only puts them at war with capitalism and free markets, but also with traditional and family values, patriotic symbols, liberties and national sovereignty that are enshrined in and protected by the Constitution — the legal basis of America’s democratic republic.”


  3. Soaps says:

    City police take orders from the city mayor and the police chief, who is hired and fired by the mayor. That is why I worked for the State AG. Of course, that is not always much better. After all, we had Janet Napolitano (every cop’s nightmare) as the AG for a while. I’m just glad she is back in liberal California, where she belongs.

  4. J. Soden says:

    And after the FBI decided there was “no public interest” and withheld documents requested under FOIA, we have a judge bringing sanity:

    Would be interesting to know WHO in the FBI made that ridiculous decision!

    • Peggy says:

      Hummmm, the FBI director is assigned under the Deputy Attorney General’s supervision who serves under the Attorney General. Sooooo, that would have been the one and only Loretta Lynch. How nice…….

  5. Peggy says:

    Uncovering the truth bit by bit.

    BOMBSHELL: FBI, DHS Warned About Antifa In Early 2016. Obama Said Nothing.

    “In a bombshell, Politico reported on Friday that the federal government has been worrying about the rise of Antifa since “early 2016,” and even labeled their activities “domestic terrorist violence” — yet the Obama administration said nothing publicly about Antifa despite ample opportunity to do so. According to Politico:

    Previously unreported documents disclose that by April 2016, authorities believed that “anarchist extremists” were the primary instigators of violence at public rallies against a range of targets. They were blamed by authorities for attacks on the police, government and political institutions, along with symbols of “the capitalist system,” racism, social injustice and fascism, according to a confidential 2016 joint intelligence assessment by DHS and the FBI.

    The violence ratcheted up as President Trump’s campaign swung into full gear. The FBI noted violence by Antifa in Texas, Oregon, California. Law enforcement put particular focus on a white supremacist rally in Sacramento: At the Sacramento rally, Antifa protesters came looking for violence, and “engaged in several activities indicating proficiency in pre-operational planning, to include organizing carpools to travel from different locations, raising bail money in preparation for arrests, counter-surveilling law enforcement using three-man scout teams, using handheld radios for communication, and coordinating the event via social media,” the DHS report said.

    The FBI and DHS issued a report in April 2016 openly stating that Antifa was prepping for violence; new Jersey law enforcement reportedly stated that Antifa had cropped up in New York, Chicago, San Francisco and Philadelphia. Shockingly, some members of Antifa “have gone overseas to train and fight with fellow anarchist organizations.”

    So, where the hell was President Obama while all of this was building?”

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