White nationalist’s gun magazine limit case may head to state’s high court

[Reptile]

The prosecution and the defense are asking a judge to allow the Vermont Supreme Court to weigh in on the constitutionality of the charges of illegally possessing high-capacity magazines against Max Misch, a self-professed white nationalist online troll.

If granted, it could affect a separate civil case brought by gun rights supporters also challenging the constitutionality of the magazine limits.

Judge William Cohen last month rejected a bid from Misch’s attorneys to throw out the two misdemeanor counts following a hearing in that criminal case in Bennington County Superior criminal court.

That ruling allowed the case to proceed to trial on the charges against Misch of possessing magazines over the size limits set in a new law.

Now, Vermont Solicitor General Benjamin Battles of the Vermont Attorney General’s Office, which is prosecuting the case, and public defender Frederick Bragdon, who is representing Misch, have filed a joint motion seeking to have Cohen’s ruling reviewed by the Vermont Supreme Court before moving on to a trial.

Misch is the first person charged under the magazine-limit provision of a gun control law, Act 94, that passed the Legislature. That legislation was signed into law by Gov. Phil Scott in April 2018.

White nationalist’s gun magazine limit case may head to state’s high court

 

[Waher]

Why do I think this is intentional sabotage with a hand picked unsympathetic defendant to sway the court to rule on the political and not constitutional merits?

Similar to MA's post Caetano SJC stun gun ruling which rushed to use a felon in possession case to cut in line ahead of a carefully constructed Comm2A suit.

 

[Peicemaker]

The fact that he is a white nationalist should have no bearing on this trial. Just saying. If he was a black nationalist follower of that nutty louie farakahan dude, would the headline read like that? Probably not. Probably wouldn't have even been picked up as a story by the legacy media. If he was an unabashful commie, would this have any bearing? probably not. Especially in Vermont. Political and racial views SHOULD NOT MATTER in criminal proceedings, unless they have some specific bearing on the crimes committed. If an antifa commie goes out and beats up on a supposed nazi, his ideology should definately be taken into consideration. And vice versa. This case has to do with some guy getting jammed up on bullshit charges based on a bullshit, unconstitutional law. Thats it.

But we all know that this is clown world and our insane "legal system" is a reflection of that

 

[Radtekk]

The fact that he is a white nationalist should have no bearing on this trial. Just saying. If he was a black nationalist follower of that nutty louie farakahan dude, would the headline read like that? Probably not. Probably wouldn't have even been picked up as a story by the legacy media. If he was an unabashful commie, would this have any bearing? probably not. Especially in Vermont. Political and racial views SHOULD NOT MATTER in criminal proceedings, unless they have some specific bearing on the crimes committed. If an antifa commie goes out and beats up on a supposed nazi, his ideology should definately be taken into consideration. And vice versa. This case has to do with some guy getting jammed up on bullshit charges based on a bullshit, unconstitutional law. Thats it.

But we all know that this is clown world and our insane "legal system" is a reflection of that

Unfortunately it's about laws, not justice.

 

[Peicemaker]

Unfortunately it's about laws, not justice.

Its neither. Look how often the courts ignore the law and prosecute people based on feelings and subjective interpretations/ opinions. Look how often corrupt a**h***s like the clintons never get prosecuted despite overwhelming evidence that they broke the law...

 

[ReluctantDecoy]

Its neither. Look how often the courts ignore the law and prosecute people based on feelings and subjective interpretations/ opinions. Look how often corrupt a**h***s like the clintons never get prosecuted despite overwhelming evidence that they broke the law...

Supreme Court is entirely interpretations/opinion of law. That's why it is there in the first place, to give an ultimate ruling on interpretation via written opinion consensus. They are held to a higher scrutiny though on their interpretations, particularly when the constitution is involved. That's why you're more likely to get a fare shake there than anywhere else, and why Misch's attorney is pushing for Supreme Court review.

 

[Peicemaker]

Supreme Court is entirely interpretations/opinion of law. That's why it is there in the first place, to give an ultimate ruling on interpretation via written opinion consensus. They are held to a higher scrutiny though on their interpretations, particularly when the constitution is involved. That's why you're more likely to get a fare shake there than anywhere else, and why Misch's attorney is pushing for Supreme Court review.

Well, I hope SCOTUS takes up his case (after ginsturd croaks) and renders magazine bans unconstitutional once and for all. Buuuut, they'll probably see the need to virtue signal and not take the case because "MUH RACISM!". I hope I'm wrong, but im probably right.

 

[enbloc]

I'm white... and a Nationalist.

 

[BarnB]

Good to see you around enbloc.

 

[nstassel]

The decision by the Vermont Supreme Court will begin: "Max Misch, a self-professed white nationalist ..." It will end with "affirmed."

 

[Radtekk]

Its neither. Look how often the courts ignore the law and prosecute people based on feelings and subjective interpretations/ opinions. Look how often corrupt a**h***s like the clintons never get prosecuted despite overwhelming evidence that they broke the law...

I just meant that "Justice" is almost never what one gets in a court of "law". But you're right, PC feels trump both, unabashedly.

 

[bauer]

Unfortunately it's about laws, not justice.

Lex iniusta non est lex

(An unjust law is no law at all)

 

[KBCraig]

If Dick Heller had been anything except a clean-cut unimpeachable civilian security guard employed by the federal government, the Heller case would not have gone the way it did.

That's why I praise SAF for their choice of plaintiffs, and laugh at NRA for trying to claim they won the case.

 

[Squire]

Is Benjamin Battles sympathetic to 2A? Seems like he's working with the Public Defender to get VTSC to declare the law unconstitutional so it doesn't have to go to trial (which is what the PD wanted of Judge Cohen?

 

[Blueskyday]

I'm white... and a Nationalist.

came back 6...7 hours later to say, hi buddy bout.

 

[ToddDubya]

His real crime was trolling a politician. I haven't researched everything he said, but this whole thing smells like "We couldn't get him on being a jerk so we went fishing".