September 5, 2020

BLUE SNOWFLAKES:

Review Of Federal Charges In Portland Unrest Show Most Are Misdemeanors (Ryan Lucas, 9/05/20, NPR)

As of Aug. 28, the U.S. Attorney's Office for Oregon had charges outstanding against 74 people in connection with the Portland unrest.

Of those cases charged, 11 are for citations and 42 are for misdemeanors, meaning that more than 70% of the total charged cases are not felonies.

"A citation is the least serious of a charge, it's really more of a ticket," said Lisa Hay, the federal public defender for Oregon.

The misdemeanor cases are almost evenly divided between class A and class C misdemeanors.

A class C misdemeanor is one step above a citation, and is punishable by no more than one month in jail. In Portland, at least 19 people face class C misdemeanor charges for allegedly failing to comply with a lawful order.

"That might be somebody who's in front of the federal courthouse, on the sidewalk, and an order is issued to disperse, and they didn't disperse or they didn't move away quickly enough," said Hay.

The class A misdemeanor cases in Portland have typically involved an alleged assault of a federal officer but without physical contact. Such a case could involve, for example, verbally abusing an officer or pretending to throw an object.

These sorts of misdemeanors are punishable by no more than one year in prison.

Steve Kanter, a law professor and former dean at Lewis and Clark Law School in Portland, said the federal government's decision to arrest and charge people for offenses like failing to comply with a lawful order suggests that law enforcement officer were acting in a selective manner "to control and chill expression and activity."

Posted by at September 5, 2020 8:11 AM

  

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