Tuesday, July 30, 2013

On The Trial of Adam Kokesh

My sole qualification for this posting is as somebody who has listened to several of Mr. Kokesh's podcasts.  Although I don't agree with all of his views on every topic, I agree with him on many things, and find him to be an intelligent and articulate advocate for his anarcho-capitalist views.  He does not seem to me like an agent provocateur, based on his past record of civil disobedience and professed views.   I am not a criminal lawyer and know nothing specifically about the laws under which he has been charged, or criminal procedure in D.C.

But hey -- this is only a blog! So my lack of qualifications should not prevent me from expressing an opinion -- or several opinions!

To make charges involving a loaded firearm in D.C. stick in the digital video editing age, the prosecution will need a witness to the video being shot in D.C.; or more exactly, to Kokesh's alleged conduct vis-a-vis the alleged illegal weapon within D.C.'s borders.  It would therefore not be surprising to discover that the prosecution has gotten to somebody in the Kokesh entourage (e.g., the camera person) by threatening to bring accessory charges of some kind, in exchange for eyewitness testimony of Kokesh in D.C when the video was made and his related actions, assuming the video was actually made there and not in front of a green screen in Virginia.

If such hypothetical witness would refuse to testify it would be very difficult for the prosecution to make any kind of case against Kokesh.  Unfortunately, refusing to cooperate with prosecutors threatening lengthy prison sentences and onerous fines takes courage that few people have when it matters.

The obviously politically-motivated prosecution of Kokesh is an outrageous travesty of justice.  That said, Kokesh's angry video or imprisonment are unlikely to win many converts to his anarcho-capitalist views, and may well hurt his cause.  Check out the comments on a MSM site reporting on this story, if you doubt.  About 90% of comments label Kokesh a dangerous nut.  Such are the prejudices and warped moral senses of all too many.  Civil disobedience involving the right to keep and bear arms unfortunately plays into the stereotype of the dangerous and angry anarchist, with which the masses are imprinted by virtue of government-run indoctrination centers and mainstream media outlets.

No establishment power will tolerate open rebellion so long as it has the power to stop it.  No surprise there.  Very few or none of the liberty/Ron Paul crowd are interested in open rebellion against D.C.'s unconstitutional gun laws -- so imprisoning Kokesh will frighten no one except those very few if any who would emulate him in civilly disobeying anti-2nd amendment laws particularly.  It will, however, keep Kokesh locked away and out of public discourse, if the prosecution succeeds.  Not good.

There is of course plenty of open and secret rebellion in this country and elsewhere that the political establishment is essentially powerless to stop.  Such chinks in the dragon's armor may be more productive places to expand personal freedoms, instead of charging the dragon head on.  Mr. Kokesh is brave to do so, but no one should be surprised if more than his hair is singed.

Those wishing to donate to Adam's defense can do so here.