During the #J20 protests, a small group of demonstrators smashed the windows of Starbucks and Bank of America, spray-painted cars, and overturned several newspaper boxes. Importantly, the prosecution has made no attempt to claim that the defendants were among them. Assistant U.S. Attorney Jennifer Kerkhoff has instead argued that the defendants were “playing a role” in the violence. That’s right: The government is trying to set the precedent that if you’re at a protest and someone else smashes a window, it’s your fault.

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