March 10, 2021

"Des Moines Register reporter Andrea Sahouri was acquitted Wednesday in a trial stemming from her arrest while covering the George Floyd protests in May 2020."

"Sahouri was charged with failure to disperse and interference with official acts, both simple misdemeanors. Police claimed she remained in the area of the May 31 Des Moines protest despite orders to leave, and tried to pull away when a Des Moines police officer pepper-sprayed her and tried to arrest her.... The three day trial did not broadly discuss the First Amendment issues but Sahouri, a colleague who was with her and Register Executive Editor Carol Hunter all testified that Sahouri's presence in the protest area was the very core of what journalists do.... Before the trial, prosecutors had offered to drop the interference charge if Sahouri pleaded guilty to failure to disperse. She said it was important instead to take the case to trial and win a full acquittal."

The Des Moines Register reports.

36 comments:

Joe Smith said...

I'm OK with 'journalists' having certain freedoms like in this case.

But I am NOT OK with crying 'First amendment!' when protecting 'sources,' many of whom are ghosts.

Kai Akker said...

---"The job of the jury here is not to decide what the law should be. The job of the jury is not to like what happens," said prosecutor Brad Kinkade, adding that the jury was to limit itself to applying the "black-letter" law to the facts of the case.

Sounds like he thought he had quite a strong case.

The two on trial fudged like mad to create some gray areas, but what the heck. I'm glad the reporter won her case.

Mike (MJB Wolf) said...

I’m surprised anyone has been tried. My media sources tell me all the protests were peaceful. I have also heard that charges have been dismissed in many cities since nothing really happened. Kinda shocked this went to trial. Failure to disperse is pretty mild.

Michael K said...

Wonder if jury nullification is coming with the increasing abuse by authorities involving those not committing crimes?

Owen said...

If I wander into a trouble zone and use my handy magic marker to write "Journalist" on my forehead, can I ignore the police?

Asking for a friend.

Owen said...

Mike (MJB Wolf) @ 4:40: "Failure to disperse is pretty mild."

I think the Brits had it figured out. Send the sheriff out and have him read the Riot Act, give people 10 minutes to get out of range. Then hose the area down.

Mike Sylwester said...

The legal principle is that no Democrat has to obey any order from any police officer.

Mike Sylwester said...

Any failure to disperse and interference with official acts that happened in the US Capitol Building on January 6 will be prosecuted maximally, because the culprits are assumed to be Republicans.

PB said...

Even "real" journalists have to move when the police order it. She should have been convicted.

Howard said...

Who canceled Ashley Banfield?

Owen said...

Howard @ 5:00: "Who canceled Ashley Banfield?"

Do you mean "Ashli Babbitt?"

Who is David Bailey?

Lucid-Ideas said...

They should've just shot her. Worked in D.C.

The Gipper Lives said...

"Remember that time when Denver Media outlets successfully conspired with Antifa to assassinate a Trump supporter live for the cameras?

Neither do we!"--The Agit-Prop Media

Ken B said...

Blogger Michael K said...
Wonder if jury nullification is coming with the increasing abuse by authorities involving those not committing crimes
===========

Good question.
It is certainly coming with those charged in Antifa riots. In California we are seeing prosecutor nullification: charging then dismissing with prejudice. In other words, immunization for antifa rioters.

I expect to see nullification in cases of innocence too, but not for antifa.

Owen said...

If prosecutors get too fond of nullifying cases against antifa, at what point will those victimized by antifa just decide to settle things in the old pre-civilizational manner? Not so much to get restitution or even an apology; but to help send a message? Maybe the Concerned Downtown Business Association will quietly engage some talent to pay a visit?

The Gipper Lives said...

It wasn't Bailey. It was Capitol Police Lt. "Shooter" X., a different Crisis Actor.

iowan2 said...

I know the "press" cannot be shut down by the govt. But I see nothing about being present during crimes is a special license afforded something wholly indefinable like "reporter".

Why does self identifying as a "reporter" make this case noteworthy?

Owen said...

iowan2 @ 5:48: "...being present during crimes..." What about "...actually catalyzing bad behavior"? Because if you have ever watched little kids acting out, they do love them an audience, especially one with cameras.

Or even "...coordinating with antifa or similar s***-disturbers to initiate bad behavior, with cameras pre-positioned for sweet sweet network-ready footage"?

I know, that's not what journalists would ever do. They have Ethics. But it's worth considering as a kind of boundary case, hm?

PS: Do check out Andy Ngo's book "Unmasked."

Narayanan said...

Q: will the defense lawyers for January 6 protestors have the smarts to present this reasoning to their clients failure to disperse and seek dismissal.

Dave Begley said...

Some people are just above the law and they are usually Dems.

Mark said...

No, the "not guilty" verdict does not vindicate her claim that she had a reporter's right to interfere with police and remain in a riot area, which by simply being there, is an encouragement to rioters. The verdict merely says that jurors chose not to convict, which is their absolute right as representatives of the community.

boatbuilder said...

It is somewhat refreshing to see someone be acquitted rather than convicted of a lesser related offense or some other BS. The prosecutors have all the power, and "failure to disperse" seems like a nebulous charge--where does the order to disperse run afoul of the right to assemble?
But I wasn't there and don't know the facts, so...

Joe Smith said...

"If I wander into a trouble zone and use my handy magic marker to write "Journalist" on my forehead, can I ignore the police?"

Just put a card that says 'Press' in the your hatband.

Oh, wait (checks calendar), this isn't 1952.

Mark said...

A. The defense at the Capitol cases will show evidence of Capitol police affirmatively allowing people to enter the building. I'd have to go back to listen to the recording, but I'm not sure that even the cop in the Senate chamber told those idiot goof-balls that they were not allowed to be there.

Michael K said...

Blogger Narayanan said...
Q: will the defense lawyers for January 6 protestors have the smarts to present this reasoning to their clients failure to disperse and seek dismissal.


That's the question but those cases will all be tried with a DC jury which would convict Trump of spitting on the sidewalk. Goeff Craig walked on the same charge that put Manafort in solitary. Craig has the "D" after his name.

narciso said...

remember those reporters from the post and the huffington, lowry and grim, who were arrested after ferguson, the problem is the let them out,

Mark said...

One of the people charged in the Capitol has been identified as a leftist who was there claiming to be media. There is video showing him encouraging others to smash and break things.

NorthOfTheOneOhOne said...

Owen said...

Who is David Bailey?

It wasn't Bailey. He's still assigned to Scalise's personal security detail.

Owen said...

Mark @ 6:28: "one of the people charged in the Capitol has been identified as a leftist who was there claiming to be media."

Who is John Sullivan?

Owen said...

NorthOfTheOneOhOne @ 6:40: "It wasn't Bailey. He's still assigned to Scalise's personal security detail."

Oh, well then. No problemo.

Thanks for that.

Rabel said...

The verdict had little if anything to do with the First Amendment and the accused did not present a First Amendment defense. The County had a weak case. The arresting officer's body camera inexplicably failed to record the conduct leading to the arrest and there was little to go on other that his report.

Reasonable doubt won the day (along with Gannett's deep pockets).

Mark said...

It should be noted that at a LOT of these riots, the mob attacks people who identify themselves as reporters.

BarrySanders20 said...

Nothing says "professional journalist on duty" more than going to a BLM riot in a boob hugger with your non-journalist boyfriend.

Owen said...

Rebel @ 6:45: "...The arresting officer's body camera inexplicably failed to record the conduct leading to the arrest..."

"Inexplicably" is a lovely 5-syllable word. Savor it. Roll it around in your mouth for a while.

Then spit it out for the jury as they struggle to reconcile one swearing contest with another, and both with what passes for a contemporaneous official record (or, rather, un-record) of "what happened."

Tell me, please, that we aren't seeing the obvious signposts for officials to "lose" their records "inexplicably."

hawkeyedjb said...

"Sahouri's presence in the protest area was the very core of what journalists do...."

Cheering for the rioters?

Anonymous said...

I thought the rule was that girls were shot and murdered if they peacefully protested.
Was she POC? Different rules.