Criminal law, Politics, Society

House Majority Whip and Others Shot During Baseball Practice [UPDATED]
downloadI was in Fox studios in Washington this morning when the news came out of the shooting of House Majority Whip Steve Scalise,  Rep. Roger Williams and others at a baseball field in Alexandria.  It was a horrific story made all the more surreal by the fact that I used to take my kids to that field when I lived in Alexandria.  This is a very peaceful area where families gather regularly near the Del Rey neighborhood.  There is still differing accounts of whether the shooter is dead.  If he is alive, there are specific federal offenses for this type of act that makes this a federal offense as well as a state offense. Such an assault on a member is deemed attempted assassination under the federal law due to the status of the victim (and likely motivation of the crime).

In addition to state charges, the shooter could be charged under 18 U.S.C. § 111 (Assaulting, resisting, or impeding certain officers or employees),  and 18 U.S.C. § 351 (Congressional, Cabinet, and Supreme Court assassination, kidnapping, and assault).  Section 351 states:

(a)

Whoever kills any individual who is a Member of Congress or a Member-of-Congress-elect, a member of the executive branch of the Government who is the head, or a person nominated to be head during the pendency of such nomination, of a department listed in section 101 of title 5 or the second ranking official in such department, the Director (or a person nominated to be Director during the pendency of such nomination) or Principal Deputy Director of National Intelligence, the Director (or a person nominated to be Director during the pendency of such nomination) or Deputy Director of the Central Intelligence Agency, a major Presidential or Vice Presidential candidate (as defined in section 3056 of this title), or a Justice of the United States, as defined in section 451 of title 28, or a person nominated to be a Justice of the United States, during the pendency of such nomination, shall be punished as provided by sections 1111 and 1112 of this title.

(b)

Whoever kidnaps any individual designated in subsection (a) of this section shall be punished (1) by imprisonment for any term of years or for life, or (2) by death or imprisonment for any term of years or for life, if death results to such individual.

(c)

Whoever attempts to kill or kidnap any individual designated in subsection (a) of this section shall be punished by imprisonment for any term of years or for life.

(d)

If two or more persons conspire to kill or kidnap any individual designated in subsection (a) of this section and one or more of such persons do any act to effect the object of the conspiracy, each shall be punished (1) by imprisonment for any term of years or for life, or (2) by death or imprisonment for any term of years or for life, if death results to such individual.

(e)

Whoever assaults any person designated in subsection (a) of this section shall be fined under this title, or imprisoned not more than one year, or both; and if the assault involved the use of a dangerous weapon, or personal injury results, shall be fined under this title, or imprisoned not more than ten years, or both.

(f)

If Federal investigative or prosecutive jurisdiction is asserted for a violation of this section, such assertion shall suspend the exercise of jurisdiction by a State or local authority, under any applicable State or local law, until Federal action is terminated.

(g)

Violations of this section shall be investigated by the Federal Bureau of Investigation. Assistance may be requested from any Federal, State, or local agency, including the Army, Navy, and Air Force, any statute, rule, or regulation to the contrary notwithstanding.

(h)

In a prosecution for an offense under this section the Government need not prove that the defendant knew that the victim of the offense was an individual protected by this section.

(i)

There is extraterritorial jurisdiction over the conduct prohibited by this section.

 

The Justice Department would likely take the lead in any prosecution and the FBI would take the lead on the investigation.  On these facts, a life sentence would be likely if the shooter did survive.

The Congressional Baseball Game was scheduled for June 15 at Nationals Park. This is a wonderful tradition that members take very seriously. It is a way to break from the partisanship of the Hill — something needed this year more than ever before. It was shattered by this man.  Notably, I heard one member say that a man asked him a few minutes before if the players were Republicans or Democrats.  Another member said it was obvious that the shooter was there to kill as many Republicans as possible.

Of course, the shooting raises memories of the 2011 shooting of Rep. Gabrielle Giffords outside of a Safeway supermarket in Tuscan.  Giffords survived with a gunshot wound to the head and twelve others were wounded.  Six were killed including  federal judge John Roll and a 9-year-old child, Christina-Taylor Green.  The shooter was Jared Lee Loughner, 22, who was later found incompetent to face three counts: for the attempt to assassinate Representative Giffords; attempting to kill two federal employees, her aides Ron Barber and Pamela Simon; murder and attempted murder.  In 2012, he was found competent and Loughner pleaded guilty to 19 counts. The plea avoided the death penalty but he was given seven consecutive life terms plus 140 years in prison without parole.

The shooter was reportedly shot and taken to the hospital.

97 thoughts on “House Majority Whip and Others Shot During Baseball Practice [UPDATED]”

  1. Same old storylines: Glorify/accept violence in “art”; get more violence in reality. Disarm good guys; watch them be massacred by bad guys.

    Do we ever learn anything from experience or must we have endless sophist arguments debating the obvious.

    1. CNN is reporting the shooter is just a baseball-phobe and the victims’ political persuasion should not be of concern to anyone. Love an “independent” press.

  3. “It’s not yet clear if the baseball game, which was scheduled for Thursday, will continue as planned. It has been an annual tradition since the early 1900s.”

    The game should be played and everyone should reevaluate how they feel towards those on twitter and elsewhere making stupid political statements that can egg on such violence. What comes immediately to mind is Kathy Griffin and Shakespeare in the Park.

  4. Apparently some don’t understand the meaning of Ballots Not Bullets. But it is a measure of how close we came to losing our Constitutional Republic to the the left wing fanatic supporters of National and International Socialism. This is progressive? No and this foreign ideology they follow cannot be tolerated. Thank you so much for encouraging this activitiy Representative Waters, Senator Warren, DNC Chair Perez-Castro and the rest of your rejectable kind. Thank you so much supporters of BLM Mr. George Soros. and the ACLU. Thank you so much for fanning the hate speech and hatred left stream media.
    and college professors.

  5. Well Squeeky, it must be a good day for you and your kind to go out today with your guns and stars and bars to wave around today.

  6. I wonder if Shakespear in the Park will have their play tonight depicting the assassination of President Trump.

  7. Squeeky you are out of your mind right now. I’m sure you are one of those people that call for 2nd amendment solutions. Do you go out in public events with a gun strapped to you?

    1. Yes, I do. I pack heat.

      And I am not out of my mind. I am very much IN my mind. The Democrats are a criminal party, and they encourage their base to break the law whenever it suits them. From Immigration to climate issues, you have Democrats basically saying, “Screw the law! We are going to do whatever we want!”

      Not to mention praising violence by their SJW brown shirt brigades.

      Sooo, buzz off. If you disagree with me, then refute the points I made. If you can.

      Squeeky Fromm
      Girl Reporter

  8. Dave above is wrong. The intent of this shooter should matter, and the shooter’s politics should matter. For the past many years, violence against conservatives has been tolerated by the Democrats, and even encouraged. It is OK to shut down Republican rallies, shut down conservative speakers, and to threaten all kinds of violence, and it is OK, because it is “OK to punch a fascist.”

    So no, if this is a politically motivated shooting, it is not a one off, or just some nut. You have Trump getting killed in a play, Kathy Griffin holding up a faux bloody head, and even Democrat Val Deming calling the Berkeley Riots a “beautiful sight.” Not to mention the wholesale Democratic nationwide response to disobey the law when it suits them.

    So screw the whole “intent doesn’t matter” nonsense. This is a direct and foreseeable result of the Democratic Party’s violent and lawless tactics.

    Squeeky Fromm
    Girl Reporter

    1. The Gabby Gifford shooting was politically motivated. People died after Sarah Palin put a bullseye on them.

      1. Jared Loughner was and is a hopeless schizophrenic who has not a coherent thought in his head on any topic. His idea of public discourse was to ask Giffords at a community town hall, “What is the function of government, when words have no meaning?” A flummoxed Giffords gave him the brush off, after which (per someone in his circle of acquaintances), he developed a fixation on her.

  9. Nick,There is no difference between word control and gun control for the Left. See Professor Turley’s previous post.
    Rather than working within the current system and ignoring hundreds of years of precedent they would rather just ban anything potentially harmful be it speech or weapons.

  10. Squeeky DI, INlegaleagle, debbie Barnhart….You’re statements are showing the hate you have.

  11. I am fascinated watching coverage from the 3 cable networks. Since it was Republican victims, Fox has many interviews w/ people @ the scene. CNN has a few interviews. MSNBC virtually no one speaking to them and they quickly pivoted to gun control. They will be on Trump Russia soon, no doubt. I may be wrong, but there seems to be a huge market for a STRAIGHT reporting network.

      1. “It shall be unlawful for any person to sell or otherwise dispose of any firearm or ammunition to any person knowing or having reasonable cause to believe that such person—
        (1) is under indictment for, or has been convicted in any court of, a crime punishable by imprisonment for a term exceeding one year;
        (2) is a fugitive from justice;
        (3) is an unlawful user of or addicted to any controlled substance (as defined in section 102 of the Controlled Substances Act (21 U.S.C. 802));
        (4) has been adjudicated as a mental defective or has been committed to any mental institution;
        (5) who, being an alien—

        https://www.law.cornell.edu/uscode/text/18/922

  12. Hope whoever he is..they throw the book at him so that he never sees the light of day.

  13. I’m sorry to say I’m not surprised by this: I live in the northeast and The reaction of liberals to Trumps election has been appalling! Supposedly “educated” professionals are frothing at the mouth, spewing venomous slanders indiscriminately. They assume widespread agreement with their profane views. I’m truly disgusted. I think maybe civil war is inevitable. Very sad. God save this country from these narcissistic zealots!

  15. Democrats and their media have been preaching hate against Republicans for months. Coincidence?

    1. Yes, and Republicans and their media have preached love for Democrats.

      The shooter is accountable.

      1. Not established that the shooter was a democrat or what his motive was. Best to stay away from uncivil places like this on this very sad day.

        1. I certainly concurbut it’s important to bring balance to empty generalizations. As I said, the intent in this case doesn’t matter for me. The shooter should be universally decried.

          2. Dave137:

            Decried? I’d do a play about him. Maybe in a park and at taxpayer expense and backed by some big corporations. It’s just harmless performance art, you know.

            1. mespo – I read the NYT review for that play and it sounded like a great production, except for the killing the President part.

        2. Not established that the shooter was a democrat or what his motive was.

          Not established, but the smart money says he put lead into a mess of Republican pols because he had a certain dislike for Republican pols.

          Not a whole lot of violent crime in Alexandria.

      2. Actually – try expanding your view to a bigger picture, Dave137, Fishwing et al.

        This event is a fine example of the consequences of promoting hate against those you disagree with. These events are completely foreseeable when a political party markets “resist” and riot and violently reject those with which you disagree. When liberals lost an election they threatened both the reps of the opposing party but also everyday Americans who chose a new leader. They produced photographs of the president beheaded ISIS-style, or a play featuring his torturous murder night after night. Every hour of every day they promote destroy destroy destroy. Liberals market poison and encourage their followers to act on it.
        You have a left that has lost all sense of decency and reason. Mentally unbalanced at the very least, and deranged at worst.
        As Americans, we can not accept this behavior. It is unacceptable. They should be outcasts in our society.

          1. She was shot in 2011, by a man who is clinically insane and had no history of any political affiliations.

      1. Roscoe Coltrane – I am just sure the gun came from the NRA HQ

        1. Paul, I was making a reference that there couldn’t be a more gun happy state than VA.
          I was responding to Di’s comment about liberal nut cases and guns.

          1. And that happiness, Roscoe, probably prevented a massacre as is has so many times before. We don’t fear guns; we use them when the circumstances call for it.

    1. That’s stupid. Everyone of course is equal, but representatives are responsible for policies that affect hundreds of millions of people. It warrants additional security.

      1. It’s not about the protection it’s about the potential extra chargers.
        Professor Turley’s list of sections of US 351 take’s up 90% of this story.
        What does that imply to you?
        I’m sure every sick person who wants to kill a member of Congress has read these and boy what a deterrent they appear to be huh?
        What are the odds that a member of Congress is shot versus an average American citizen?
        When was the last time a member of Congress was shot. Gabby Giffords, Jan 11, 2011.
        The rationale that they are somehow more worthy as humans regarding violent crimes committed against them and the perp should be punished more is,
        STUPID.

        1. The perp is affecting thousands of people by injuring or killing their selected voice in Congress.

          1. You make it sound like single congressmen are one man shows.
            Somebody wants to do a nasty deed at the State of The Union address, I’m with you, the potential for disrupting government and potential tyranny sure.
            Sorry, elected officials, especial members of Congress were originally only suppose to serve just 2 years, get the bacon and bring it back to their districts. It has morphed into these uber special class of humans that we see fail at their jobs more than succeed at benefiting our collective country.
            Why should ordinary citizens not have the crimes against them adjudicated in similar manners regarding punishments by the perps?

            1. If members of Congress and other representatives of the ‘people’ without whom they would be selling cars, chasing ambulances, or milking the superstitious at revival meetings, get extra protection, their offenders extra punishment when they are harmed or killed, THEN they should get several times the punishment when they stray from the straight and narrow. Bernie Maddof should have thousands of cell mates, in there for a thousand years or so.

        2. Reognizing that our Congress is self serving so much so that they exempted themselves from the effects of the ACA do you think that perhaps the extra protection offered in this case is to protect the man or the office?

          1. Allan, I think it’s all about the phantom concept of deterring others who might consider doing harm to a member of congress.
            I don’t see how someone who is mentally deranged and capable of functioning under the radar is going to be assuaged by the extended penalties.
            So the extended punishment is really just vengeance and frankly belittles the value of others who have lost their lives at the hands of bad people, people who are mentally incompetent as well as innocent victims being at the wrong place at the wrong time, IE; collaterally damaged.

            1. Roscoe, there are all different levels of derangement so I don’t believe what you say is valid. I think to a great extent the law is telling people not to take arms against the government. Don’t get rid of politicians by killing them or scaring them off, get rid of them in the voting booth.

    2. Prairie Rose:

      You are absolutely correct. Prof. Turley’s comment: “…due to the status of the victim…” shows once again that some Americans are more equal than others.

      Is a policeman’s life more valuable than the life of a mother of three? Congress has declared that to be the case.

      We have “protected” and “unprotected” classes in the U.S. – not a path that leads to better outcomes.

    3. Obviously, this is a tragedy, but I’m with Roscoe. Inasmuch as certain members of society are given heighten status as victims and conversely greater punishment as perpetrators ignores equal protection under the 5th and 14th Amendments. A battery is a battery and a murder is a murder, no matter who is involved. A security detail is one thing, but “[s]uch an assault on a member is deemed attempted assassination under the federal law due to the status of the victim (and likely motivation of the crime)” is over the line in a republic.

      Remember this?

      https://www.youtube.com/watch?v=_Ayoy4ASz9w

      A homicide against representatives “responsible for policies that affect hundreds of millions of people” is no different from the same act perpetrated against Walter Scott. Next they’ll be drafting laws to give themselves preferential healthcare.

      1. I agree with you in this instance. To be consistent, I assume you also oppose so called “hate crime” laws.
        Those laws often mete out harsher penalties if the victim is defined as belonging to a special group.

        Do you?

      2. Steve Groen:
        The state jury hung so the officer wasn’t convicted of murder but neither did he walk. He could have been retried and thus he received the exact same treatment as any other accused got. He eventually pled guilty to federal civil rights violations under the Separate Sovereign Doctrine and is awaiting sentencing. Your example is inapposite or just plain wrong. What else is new?

    4. He’s an elected official. The crime of homicide (and the attempt) is compounded by disruption of democratic processes.

      1. DSS:

        That’s a little too deep for the “everything is equal” mob. We also make murder of a police officer acting in the line of duty a capital offense whereas if he was murdered off-duty it wouldn’t be. They can’t figure out that policy distinction either. Be like Edward Gibbon; “I never make the mistake of arguing with people for whose opinions I have no respect.”

        1. Mespo, well, as a member of the everything is equal crowd my point has been; Do the extra punishments actually deter this type of crime?
          I’ve gotten a lot of what happens when,, which is obvious, and we can’t have a disrupted government, also beyond obvious, but not a single peep about does this deter more of these instances?

          You’re a lawyer what evidence do you have, even anecdotal, that suggests longer sentences deter violent criminals?

          I used to live in VA and I understand the culture there. I’m not against guns in any way. I am against overkill punishments that do nothing other than strike vengeance into the suspect after the act is over and that don’t seem to be a deterrent meanwhile causing hysterical militia style responses and an eternal atmosphere of fear.

          1. Roscoe Coltrane – we have concealed carry here, so technically everyone is armed. I do find strangers smile at each other a little more. 😉

          2. You’re into deterrence (where certainty of punishment matters), I like the other prong which is punishment where extra prison time stand as society’s judgment that some acts are worse than others. You say potato ….

        2. mespo – attacking a teacher is an elevated crime as well. They don’t get federal status, but the attacker does more time.

  18. I hope the response to this escapes partisanship. It should bring all Americans together.

    If the shooter is mental or specifically a right- or left-wing nut, it shouldn’t matter. Anyone who does this should be eliminated from existence.

    1. “I hope the response to this escapes partisanship. It should bring all Americans together.”

      Dave137, I hope so, too.

    1. Your probably correct. The Dems are causing more problems in this country them Carter had liver pills.

Comments are closed.

Res ipsa loquitur – The thing itself speaks

Discover more from JONATHAN TURLEY

Subscribe now to keep reading and get access to the full archive.

Continue reading