Donald Trump still doesn’t seem to get it regarding the horrific events in Charlottesville, Virginia over the weekend. While he finally got around to denouncing the racist “criminals and thugs” who descended on Charlottesville and vowed that they would be “held fully accountable,” he did so while patting himself on the back for his work on the economy.
One person who does get it–or, at least, is starting to get it–is Attorney General Jeff Sessions. Hours before Trump took the podium, Sessions declared that when a bottom-feeding white supremacist drove his car through a crowd, killing one person and injuring 19 others, he committed an act of domestic terrorism.
Sessions spoke those magic words during an interview on ABC’s “Good Morning America” on Monday morning. Watch here.
While most of the nation saw Trump’s initial comments on the events in Charlottesville as maudlin and milquetoast, Sessions didn’t see it that way. As he saw it, Trump “roundly and unequivocally” denounced hate in all of its forms. When host David Muir wondered what Trump meant by “many sides,” Sessions claimed that he explicitly condemned the KKK and neo-Nazism.
When Muir wondered what Sessions thought of statements from the likes of Senators Ted Cruz, Orrin Hatch, and Marco Rubio calling the car attack domestic terrorism, however, we got a surprisingly blunt statement from Sessions.
“Well, it does meet the definition of domestic terrorism in our statute. We are pursuing it in the Department of Justice in every way that we can make a case. You can be sure we will charge and advance the investigation toward the most serious charges that can be brought, because this is an unequivocally unacceptable and evil attack that cannot be accepted in America.”
A lot of people had been waiting for someone to say those magic words. It’s about time those words were used for something that didn’t involve a Muslim perpetrator. But those words should have made the suspected driver in the car attack, James Fields, very afraid.
Just hours after Sessions’ statement, Fields was formally arraigned on one count of second-degree murder in the death of Heather Heyer, as well as three counts of malicious wounding and one count of hit-and-run resulting in death. There’s little doubt, though, that Fields and his legal team know that Sessions’ words exponentially increased the potential legal hurt he faces. Under Virginia law, if it is determined that a murder took place during an act of terrorism or an attempted act of terrorism, it automatically gets bumped up to capital murder–essentially, first-degree murder with special circumstances. If Fields were to be charged with capital murder, at minimum, he would be facing life in prison or death.
Additionally, under the federal statute Sessions referenced, murder committed in the course of an act of terrorism carries only two possible sentences–life in prison or death. Hopefully, both federal and state prosecutors decide not to pursue the death penalty if it gets to that point. Not only would the all-but-certain appeals deny Heyer’s family closure, but it would only serve to make Fields a martyr to the alt-right and white supremacist movements.
To be sure, there are other ways that Fields could be put in legal checkmate even if prosecutors ultimately decide against pushing for a charge of domestic terrorism. If one of the 19 people who were injured when Fields whaled it through the crowd dies, it would automatically bump the murder charge up to capital murder. Additionally, it would be very surprising if prosecutors in Charlottesville don’t ultimately tack on up to 19 counts of attempted murder. In Virginia, attempted first or second-degree murder carries a penalty of two to 10 years in prison–more than likely 10 years, given the sheer egregiousness of it. Attempted capital murder carries a penalty of 20 years to life.
If the murder charge remains as second-degree murder, Fields would face up to 40 years in prison, though anything less than 20 or 30 years would be a joke. So even if Fields avoids being racked up on federal or state terrorism charges, he could potentially face the rest of his life in prison if prosecutors have the guts pursue it.
That being said, though, we really have to hope Sessions keeps his word and presses for charges of domestic terrorism. After all, the only way to deter any potential copycats is to keep Fields locked up for as long as legally possible. And no expense–at the federal or state level–must be spared in order to make it so.
(featured image courtesy Ryan M. Kelly, The [Charlottesville] Daily Progress)
