The Kyle Rittenhouse Verdict Exposes America Again
The Kyle Rittenhouse case, while not overtly about race, lay bare the imbalances and imperfections of the judicial system. But it also did something else, legal scholars say: It fundamentally changed the culture of protest.
Rittenhouse’s acquittal, scholars say, sends a signal to those who want to take up arms to defend property or attend politically or racially charged events: There is legal ground for you to use your weapon. Just claim fear. Those protections though likely will not extend to everyone.
“I don’t have to tell you this, there is no set of circumstances, no reading of the law, no rendering of the imagination, in which a Black person could get away with this,” said Cornell William Brooks, former president and CEO of the NAACP, who now teaches at Harvard University.
“What this case says legally may be good for Kyle Rittenhouse. What it says culturally is dangerous in terms of racialized violence.”
The Rittenhouse case became a flash point in the national discussion over guns, who gets to appoint themselves agents of the law and racial justice in the U.S.
The verdict, legal scholars say, may be seen as a license for others to emulate Rittenhouse and fashion themselves as makeshift officers of the law. “A concern about this verdict is that it will authorize other counter protesters to attend marches and act as the vigilante police,” said Paul Butler, a Georgetown law professor and former federal prosecutor.
As a presidential candidate last year, Biden equated Rittenhouse to a white supremacist. Now, the current occupant of the White House acknowledging his frustration with the verdict, attempted to project calm.
“While the verdict in Kenosha will leave many Americans feeling angry and concerned, myself included, we must acknowledge that the jury has spoken,” Biden said in a statement on Friday, urging Americans to “express their views peacefully.”
Hours later, Trump issued a statement that was far more celebratory. “Congratulations to Kyle Rittenhouse for being found INNOCENT of all charges. It’s called being found NOT GUILTY— And by the way, if that’s not self defense, nothing is!”
Rep. Jerry Nadler (D-N.Y.), chair of the Judiciary committee, on Twitter decried the verdict, saying it created a “dangerous precedent which justifies federal review by DOJ.”
“Justice cannot tolerate armed persons crossing state lines looking for trouble while people engage in First Amendment-protected protest,” he tweeted.
There is a chance the Biden administration may at some point file federal charges against Rittenhouse, possibly claiming he violated someone’s Constitutional rights.
