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Capitol police seek arrest warrant for rep McKinney

 
Anonymous Coward
User ID: 71120
United States
04/04/2006 03:51 AM
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Capitol police seek arrest warrant for rep McKinney
[link to www.thedenverchannel.com]

WASHINGTON -- U.S. Capitol Police on Monday sought an arrest warrant for Rep. Cynthia McKinney after she tangled with a uniformed officer last week. A spokesman for U.S. Attorney Kenneth L. Wainstein said he was reviewing the merits of the case.

"We are working with Capitol Hill police to fully understand and appreciate the incident," principal assistant U.S. Attorney Channing Phillips told The Associated Press in a telephone interview.

Neither Phillips nor the police department would say what charge was being sought against the six-term Democrat or when any warrant for her arrest might be issued.

In a statement, Capitol Police said it "has referred its investigative findings to the U.S. attorney." Filing such an affidavit is the first step in obtaining an arrest warrant. Only if Wainstein approves the affidavit can Capitol Police officials ask a judge to issue the arrest warrant.

McKinney spokesman Coz Carson acknowledged the investigation.

"We're aware that the wheels are turning in Washington," Carson said. "We have no control over what they decide to do. We will make the appropriate statement and take the appropriate action once we know where they're going."

For her part, McKinney said she expects to represent her suburban Atlanta district for many years.
Anonymous Coward
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04/04/2006 04:22 AM
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Re: Capitol police seek arrest warrant for rep McKinney
Do the ARREST powers of the police trump the constitution?

The answer to this question will be interesting to see in this case.

Now, if this were simply about you or I, the answer would be, Of course! Even our civil rights are but a gift given by those in power.... (I don’t like it either, but that IS the current legal mindset!)

But this is an issue that must be argued on a constitutional basis.

There has long been a legal assessment that it is a crime, punishable by law, to stop, hinder or harass a member of congress going or leaving their appointments.

This has been put in place to prevent those in power (or those with tricky minds....) from "rigging" votes, by keeping those that would vote in a particular fashion from reaching the voting chamber in time.

A strict consitutionalist (as Republicans are SUPPOSED to be...) would say that the police officer broke the law, when he attempted to "stop" the congressperson from reaching the place of her duties. In our modern time, we tend to think of "arrest" as being ONLY a situation in which our hands are tied (handcuffs) or we are locked up. In COURT, we, as private citizens would be hard pressed to prove false arrest in all but the most egregious of cases, so we tend to think of arrest as a very tiny portion of things, all told. (Being locked in jail or prison...)

But "Arrest" at the time of the constitution, merely meant "stop". As the supreme court is charged with interpreting the constitution as written, not modern usage of the language, McKinney is obviously innocent AND immune from this prosecution, as she could not have taken an action, if not for the crime (that the policeman preformed...) that happened, which was beyond her power to control.

Again, to the man on the street, this likely seems like a loophole in the law, or a bizarre power move that could be taken...

But it is the law of the land, at it’s highest point. No procedure of the police, no rule of congress, no law of the land, can supercede this law.

Now, will the current power structure go after this woman illegally? She is in many ways, their avowed enemy...

She has long been a thorn in the side of the Republicans and conservatives...

Her representation is taking a rather uneducated "She was accosted for being black!" stance that is laughable. (Because it does not matter what color her skin is, she was not to be stopped...Being black should simply have made her easier to recognize!)

If they railroad her on this, we will know that the constitution has been finally and irrevocably subverted.

(Not that many thinking people have many doubts, but hey, one more sign!)
Anonymous Coward
User ID: 77462
United States
04/04/2006 04:32 AM
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Re: Capitol police seek arrest warrant for rep McKinney
All she had to do was wear the damned badge they gave her that identified her. But believing herself to be better than others, or perhaps intending to provoke the inevitable response, she refuses to wear the thing.

I say hang her.
Johnny Danger

User ID: 74060
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04/04/2006 04:36 AM
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Re: Capitol police seek arrest warrant for rep McKinney
Maybe she is like me: Against ID in any form.

You Orwellian lovers wave your IDs around if you want.

John
Anonymous Coward
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04/04/2006 04:49 AM
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Re: Capitol police seek arrest warrant for rep McKinney
Being a House Rep, she enters high-security places. That's why they issued the badge to her. If she's against ID, she needs to find herself another job, like at the 7-11, or selling crack out of her basement.

She wants to hob-knob with the fancy folk, she should play by their rules.
"When in Rome..."


"Being black should make her easier to recognize."

Geez. Have you ever BEEN to Washington, DC?

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