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Taking the Fifth-A Criminal Law Blog
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  • ATTEMPT TO KILL THE PRESIDENT

    Posted on November 17th, 2011 zshapiro No comments

    Oscar Ramiro Ortega-Hernandez is being charged with attempting to assassinate the president for shooting at the White House last week. His conviction is hardly a forgone conclusion. For one thing to show that he “attempted” to assassinate the president the prosecution will have to show that he “intended” to kill Obama. This may be somewhat difficult since he shot several shots at the White House from 700 to 800 yards away, without knowing whether or not the president was home (He wasn’t) or what room he was in. But then again there are statements that he has made to various people which come pretty close to threats to kill the president. A jury can use these quotes as evidence that Ortega-Hernandez intended to kill Obama. Ortega-Hernandez is quoted as saying that he wanted to “hurt” Obama and that he “needed to kill” Obama. Witnesses said that Ortega-Hernandez accused Obama of being the “Anti-Christ” and the “Devil.” Ortega-Hernandez said he would not stop “until it is done” and that “Obama needed to be taken care of.” These statements can be used at trial as evidence of his intent to kill the president.

    To be guilty of attempted murder you have to know that you are attempting to kill a human being. According to some reports, Ortega-Hernandez thought Obama was the Anti-Christ and that Ortega-Hernandez was Jesus. Well if you don’t think Obama is a human being you cannot be guilty of attempted murder.

    Of course this raises the question of Ortega-Hernandez’s sanity. If you don’t know what you are doing (shooting at a human being) your not sane and you cannot be convicted of murder.

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