Republican Hypocrisy on Stand Your Ground Law

Ashli Babbit, a rioter who was fatally shot while forcing her way into the US Capitol on January 6, has emerged as a martyr for the revisionist far-right.

The officer who shot Babbitt in the shoulder while she climbed through a window that led into the Speaker’s Lobby said, “I tried to wait as long as I could, and I hoped and prayed no one tried to enter through those doors. But her failure to comply required me to take the appropriate action to save the lives of members of Congress and myself and my fellow officers.”

Ashli Babbitt was part of a mob of Trump supporters who stormed the US Capitol on January 6.

“Unidentified killer”

Not to be outdone Fox News, along with social media, are asking, “Who shot Ashli Babbitt?” Along with the firebrands Marjorie Taylor Green, Matt Gaetz, and Arizona’s Paul Gosar (R-CD4) were joined by 20 other GOP lawmakers to refuse to honor law enforcement that protected them on January 6. They claimed that Babbitt “was executed in cold blood by an “unidentified killer” who was lying in wait to kill her.” Gosar also claimed that “there is a determined effort to cover up the full circumstances of this homicide. The American people won’t stand for it.”

It seems Republicans don’t like to be reminded of laws that they pass or support and conveniently ignore the laws that pertain, especially about Stand Your Ground Laws.

  • In 2005, an NRA lobbyist asked Texas legislators at a meeting of ALEC (American Legislative Exchange Council) to adopt the Florida “Castle Doctrine” bill as a model bill. The NRA lobbyist said the pitch “was well received, and the bill was approved unanimously.”

 

  • ALEC then wrote its version of the Castle Doctrine, which they called Stand your Ground, which they gave to certain Republican legislatures, Arizona included. In Arizona’s Stand Your Ground law, “a person has no duty to retreat before threatening or using deadly physical force.”

 

  • Physical force can also be used to defend a person’s property if reasonably believes that force is necessary to prevent another from damaging or stealing their property.

 

  • Trayvon Martin’s killer was exonerated because of a Stand Your Ground law.

    When it comes to the defense of property, deadly force is only permitted if it is used for self-defense, defense of another person, or to prevent the commission of certain serious offenses, including sexual assault, kidnapping, burglary, arson, and murder. After the killing of Trayvon Martin in Florida in 2012, Stand Your Ground Laws came under criticism because they do not allow you to pursue another person. It does not allow you to seek confrontation. It does not allow you to attack someone who does not pose a threat to you.

No wrongdoing by officer

Because of the Martin killing, state Legislatures with Stand Your Ground Laws came under criticism because it was discovered that most states had used ALEC model law almost word for word. ALEC even had to caution these states and others who were thinking about using ALEC Castle Doctrine to change the wording so it wouldn’t look like an ALEC bill.

For the US Capitol officer who shot Babbitt in any other situation, especially at his home, there wouldn’t be any Republican outcry and not even from Fox. This killing would be just a Castle Doctrine shooting.

But because this was a pro-Trump mob bent on trying to disrupt or overturn the election process, this killing became something else. An internal investigation by the Capitol Police found on August 23 no wrongdoing by the officer who shot Babbitt. The probe determined the officer’s use of force was within the department’s guidelines, which allow deadly force only when officers believe they are protecting themselves or others from serious harm.

Again in the Capitol Police Office’s own words:

“I tried to wait as long as I could, I hoped and prayed no one tried to enter through those doors. But her failure to comply required me to take the appropriate action to save the lives of members of Congress and myself and fellow officers.”

This officer certainly stood his ground.

 

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