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Pierce writes: "The worst story of the week is the one about this jamoke who allegedly critically injured a young boy because, according to his lawyer, the jamoke is a MAGA moron."

The White House at night. (photo: Susan Walsh/AP)
The White House at night. (photo: Susan Walsh/AP)


Trump Derangement Syndrome Is Not an Alibi

By Charles Pierce, Esquire

10 August 19


Especially when you allegedly choke-slam a 13-year-old.

he worst story of the week is the one about this jamoke who allegedly critically injured a young boy because, according to his lawyer, the jamoke is a MAGA moron. But, I'm sorry, that can't be an alibi for assault. From The Missoulian:

Superior resident Curt Brockway was charged Monday with felony assault on a minor. His defense attorney, Lance Jasper, told the Missoulian Wednesday the president's "rhetoric" contributed to the U.S. Army veteran's disposition when he choke-slammed a 13-year-old, fracturing his skull, at the Mineral County fairgrounds on Aug. 3. "His commander in chief is telling people that if they kneel, they should be fired, or if they burn a flag, they should be punished," Jasper said. "He certainly didn't understand it was a crime..."

According to charging documents filed in Mineral County District Court on Tuesday, Brockway told Deputy Micah Allard the national anthem was playing before the rodeo got underway, and he noticed a young teenager still wearing his hat. Brockway told the deputy he asked the youth to remove his hat because it was disrespectful, to which the youth responded by saying "(expletive) you." Charging documents indicate Brockway told the deputy he grabbed the boy by the throat, lifted him into the air and slammed the boy on the ground. Taylor Hennick, who was at the fair, told the Missoulian earlier this week that Brockway defended his action as people closed in on him by saying the boy had been disrespectful. Deputies later learned the boy had suffered a concussion and a fractured skull.

If this guy truly has a traumatic brain injury, that's a viable defense. But his lawyer has gone one step further and is arguing what actually would be Trump Derangement Syndrome.

"Trump never necessarily says go hurt somebody, but the message is absolutely clear," Jasper said. "I am certain of the fact that (Brockway) was doing what he believed he was told to do, essentially, by the president." Jasper plans to deploy that argument. "There is the defense that his mental illness or brain injury that will be raised, along with permission given by the president," Jasper said. "Whether that passes muster with the court as a viable defense is for a different day."

Look. He's making us all a little crazy. But that isn't a legitimate defense in criminal court. Yet.

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Comments  

 
+53 # coberly 2019-08-10 09:30
not a defense.

but the sad fact is that there are many marginally sane people, or marginally insane people, among us. and having a president encouraging them to act out assures that more of them will do exactly that.

it won't do any good to "punish" the perpetrator, though i don't know what else to do,

in the meanwhile this is certainly a reason to impeach Trump immediately. destroying civilized society is certainly a "high crime" and not just some normal political difference we have to put up with until the next election while he builds his army of deranged enforcers and commits irreversible crimes against the very land we love and puts small children in jail, while defying the constitutional separation of powers by declaring phony emergency and appointing judges and justices who under cover of "strict construction" build a legal system that ignores civil rights and common decency.
 
 
+13 # economagic 2019-08-10 14:22
I doubt that "destroying civilized society" would be recognized as a crime in any court, simply because no one has ever committed that particular crime-that-ough t-to-be. But you are certainly right in saying that the president's words and actions are prosecutable as "inciting to riot" and other statutory crimes such as "aiding and abetting." And let's not forget that it was "lack of decency" that ultimately brought down a certain senator who pursued similar attacks on individuals and the body politic, ruining a number of careers in the process before he was taken down.
 
 
+2 # coberly 2019-08-11 06:33
"high crimes" need not be crimes under the penal code. i think even the Supreme Court recognized impeachment as a political process, not a legal one.

it was meant to be that way.
 
 
0 # Rodion Raskolnikov 2019-08-11 07:56
In order for "destroying a civilized society" to be a crime, you would first need to have a "civilized society." When Gandhi was once asked what he thought about "Western Civilization," he replied that it might be a good idea.

To many of the civilization of the earth with multi-thousand year histories, the upstarts in Europe or the United States have not yet attained "civilization." They are still at the barbarian stage, fighting and killing one another over property and resources. In a Darwinian world of the survival of the fittest, there really cannot be any crime at all. Societies need to grow beyond that mental state in order for civilization to emerge.
 
 
-1 # coberly 2019-08-11 19:52
Rodion

"civilized society" is a fragile construction it takes work and caring to advance toward that goal. we (the US) had probably done a better job creating a civilized society than anyone else....we were world famous for it.

possible minor exceptions. not that we had perfected it, or even close. but Trump is turning us in the wrong direction...bad ly...and i don't think it helps us to "hate America" in the way you seem to be doing here.
 
 
0 # Robbee 2019-08-10 16:16
Quoting coberly:
not a defense.


- jamokas are legion!
 
 
+15 # littlebird 2019-08-10 10:26
A bully is a bully, under any circumstances. I believe that this act of brutal force was because the young man who refused to remove his hat defied Brockway and then Brockway decided to "slam" him to show him who was boss.

The defense is grabbing for straws. I hope the jury will not fall for this argument and bring a verdict of guilty.
 
 
-16 # margpark 2019-08-10 10:55
Hmm. Well for once extreme rudeness was responded to quickly but with unnecessary violence. Sort of like if a mobster in chief was told by an extreme subordinate to Fxxk off.
 
 
+5 # Salus Populi 2019-08-11 08:51
"Extreme rudeness"??!!

Why in the hell should any reasonably intelligent and well-informed person respect the flag -- a piece of cloth, no doubt manufactured in China to increase profits for the "patriotic" corporation that marketed the rag in question -- that stands for genocide, utter contempt for both international laws and customs, arrogant racism against both its own minorities and virtually all other countries in the world, murder for profit, the wanton and systematic pillage of other people's resources, and a vast indifference to the monstrous cataclysm that its corporate owners visit on almost every other country on Earth -- as well as the global ecosystem itself?

OTOH, your comparison to an underling's saying "f**k you" to a mobster, which is what the U.S. government is, was spot on.
 
 
+7 # economagic 2019-08-11 16:47
No joke. Every time I see a display of "patriotic" (i.e., jingoistic) goods for sale--especiall y if it includes MAGA hats, but most others as well--I stop and check. Most of the time every item displayed was made in China.
 
 
+12 # margefromtn 2019-08-10 10:59
And if Brockaway is tried under one of the Judge's recently appointed...he may be praised for his patriotism and sent home.

Used to be only black teenagers had to worry, now it's everyone.
 
 
+9 # Kootenay Coyote 2019-08-10 15:45
Is lawyer Jasper one of these NW Militia types? Trump isn’t Brockway’s C-in-C by any means. But Jasper is leaving Trump open to charges for incitement, no?
 
 
+15 # gslover60 2019-08-10 16:06
The lawyer isn’t doing his client any good but he is making clear what so many deny, that words do more than expel hot air; they also incite violence. Just as western thought has for centuries separated mind and body, our heavy thinkers too often cleave language from acts. Hitler made it clear the two are inseparable. Trump is repeating that awful history.
 
 
+10 # carp 2019-08-10 18:35
I have maintained from the beginning that trump supporters are the ones with TDS.
 
 
+4 # lfeuille 2019-08-10 18:51
This is not a defense for Brockway unless he has some form of actual psychosis or brain defect. Assault is assault regardless of the moron-in-chief' s rantings. But it may lead to another article of impeachment against Trump foe inciting violence.
 
 
+2 # bobbygoode 2019-08-10 22:07
Good lord. Thank god he didn't take out his glock and really do the job. I suppose minding his own business was out of the question, or simply ignoring the kid's "expletive". But he seems to have a catch-all defense of Trump told him to do it as well as the voices in his brain damaged head. Even Trump (but I doubt it) might say, "uh, he's a kid. When I talked about the national anthem, I objected to big, grown and black football players kneeling." Whatevs. Just another day in this horror show. Forget it, Jake. It's Trumptown.
 
 
+3 # tarantilla 2019-08-10 22:20
Trumpism is a cult or religion absorbed by the religious right and soft minded persons. Cultists are not amenable to logic and identity with their leader as persecuted people. If they comment crimes they should be jailed. But like rats in a box when the top comes off still got rats in there.
 
 
+1 # Texas Aggie 2019-08-10 23:34
Trump needs to be asked what he feels about this incident and its relationship to his rhetoric. If he praises Brockway, then he opens himself up to admission that he is complicit and an accomplice in most of the mass shootings that have been done in his name. If he dumps on Brockway, then his base will feel a bit upset for Trump not standing up for one of his supporters.
 
 
+4 # Salus Populi 2019-08-11 09:08
The phrase "Trump Derangement Syndrome" was originally coined to refer to the attitudes of those who were willing to accept the word of liars and war criminals, Wall Street stooges, and neo-con warmongers, all the traditional enemies of democracy and progressives, just because they were also against Drumpf.

Drumpf supporters themselves are not merely deranged, but clinically psychotic, since they live in a self-destructiv e fantasy land that insists, in the face of all evidence to the contrary, that the pResident is on "their side"; and, moreover, have convinced themselves, or been convinced by the occupant of the Black House of Barad-Dur that their enemies are minorities and refugees, rather than billionaires like Drump himself.

Those suffering from TDS are the ones who, rather than promoting the impeachment of the Orange Menace for the myriad of his actual crimes against humanity, the Constitution, asylum seekers, Syria, Iran and Venezuela, peace itself, and the Earth, insist on following the discredited scripts put together by Russia-haters like Brennan and Clapper, both of whom have perjured themselves repeatedly and, in the case of Brennan, committed criminal acts in the U.S. as well as war crimes against the world -- and their enablers like Maddow, who finds these butchers to be insufficiently fascistic and mass-murdering.
 
 
+8 # Citizen Mike 2019-08-12 09:04
Let us please remember that the President of the US is NOT our Commander-In-Ch ief, no civilian has any such Commander. He holds that rank only in respect to the Armed Forces.
 

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