"The Impact was Devastating": Chicago's Cross-Burning Was Set By Liberal, Anti-Trump Protester

After the Southern Poverty Law Center scandal of actually funding and encouraging racist protests, it appears that at least one individual has created his own orchestrated racist incident.
In Chicago (where Jussie Smollett committed his infamous racist hoax), a burning cross was denounced by Mayor Brandon Johnson as a sign of the racism in society.
Johnson, however, refused to address the fact that the cross burning was actually the work of an anti-Trump liberal student.
University of Illinois senior Merlin Lu said it was never intended as a racist symbol, but the question is whether it could still be charged as a hate crime.
In posting a reward for the culprit soon after the incident, Rev. Michael Pfleger declared that “this bold rise of racism must be condemned by every race, faith community, and Chicagoan as was done with the swastika and treated as a hate crime.”
It turns out that this was not evidence of the rise of racism but another possible hoax.
Lu bizarrely claimed that he was unaware that a burning cross had racist connotations and insisted that there was no racist message intended.
Others suspected that this was a type of false-flag effort to outrage the left.
Johnson later denounced the incident as a “symbol of hatred is one that we must continue to reject, and I wholeheartedly reject it. I can’t speak to anyone’s motives; I can only speak to the impact, and the impact was devastating.”
It seems curious that Johnson would not “speak to motives” when he knows that this was set by a leftist radical.
The question is whether it is still a hate crime under Illinois law. Under Section 12-7.1, the law states:
(a) A person commits hate crime when, by reason of the actual or perceived race, color, creed, religion, ancestry, gender, sexual orientation, physical or mental disability, citizenship, immigration status, or national origin of another individual or group of individuals, regardless of the existence of any other motivating factor or factors, he or she commits assault, battery, aggravated assault, intimidation, stalking, cyberstalking, misdemeanor theft, criminal trespass to residence, misdemeanor criminal damage to property, criminal trespass to vehicle, criminal trespass to real property, mob action, disorderly conduct, transmission of obscene messages, harassment by telephone, or harassment through electronic communications as these crimes are defined in Sections 12-1, 12-2, 12-3(a), 12-7.3, 12-7.5, 16-1, 19-4, 21-1, 21-2, 21-3, 25-1, 26-1, 26.5-1, 26.5-2, paragraphs (a)(1), (a)(2), and (a)(3) of Section 12-6, and paragraphs (a)(2) and (a)(5) of Section 26.5-3 of this Code, respectively.
The notable language is “regardless of the existence of any other motivating factor or factors.” The inclusion of property damage could allow a charge to be brought.
The case could rekindle the debate over intent for threats. Many professors and pundits on the left have long argued that the standard should be how a message is received rather than how it is intended. That issue arose in the decision in Counterman v. Colorado, 600 U.S. 66 (2023), concerning the standard for the “true threats” exception to the First Amendment. In an opinion written by Justice Elena Kagan, the Court reversed the conviction. While rejecting an “objective” standard, the Court declared that such cases had to be based on evidence of the defendant’s state of mind under a “subjective standard.” Accordingly, the government must prove recklessness, but not necessarily intent: “The State must show that the defendant consciously disregarded a substantial risk that his communications would be viewed as threatening violence.”
Recklessness would be a dangerous standard for the defense of Merlin Liu. He insists that he was entirely clueless about what a burning cross represents in our culture. Yet, if Chicago does not bring a hate crime charge, it could be cited in future cases in suggesting that intent or “motivating factors” do matter in such cases.
I have favored stronger scienter or intent standards in true threat cases. It seems like a hate crime should, at a minimum, also be based on an intent to cause such alarm or fear. That does not mean that Liu’s defense of ignorance will work. However, in my view, prosecutors should have to show more than how others perceive a protest.
Unlike Johnson, the prosecutors and the Court will have to “speak to motivations” before this case is concluded.
Jonathan Turley is a law professor and the New York Times best-selling author of “Rage and the Republic: The Unfinished Story of the American Revolution.”
Badenoch blasts 'moaning' female Labour MPs over Burnham jobs 'quota'

Kemi Badenoch has told Labour women to earn a job in Andy Burnham's Cabinet instead of demanding they are handed jobs because of their gender.
The Tory leader lashed out today amid reports that female MPs are demanding the de-facto new prime minister introduce a 50:50 gender split 'quota' in his government.
Amid reports that former foreign secretary David Miliband is being lined up to return to the role, possibly with his brother Ed as Chancellor, one female minister also complained that Burnham could not have 'more Milibands than women' in the top posts.
But in a scathing article in the Times today Mrs Badenoch told them to 'stop moaning' and get chosen on merit instead of retreating into 'more of the failed identity politics that is holding back our country'.
'There are many, many reasons why you shouldn't have any Milibands in the cabinet,' she said.
'But complaining that the boys haven't given them the right jobs or that the boys are taking all the jobs, just shows that Labour's women still don't get it.'
The idea of quotas was also attacked by Baroness Jacqui Smith, Labour's Skills Minister.
Asked by Times Radio if Mr Burnham should reserve jobs for women, she said: 'No, I think what Andy Burnham should be doing is building the very best team around him to change this country.'
A letter written by the Women's Parliamentary Labour Party has called on Mr Burnham to ensure a 50:50 split between men and women in government jobs
Amid reports that former foreign secretary David Miliband (above, right, in 2010) is being lined up to return to the role, possibly with his brother Ed as Chancellor, one female minister complained that Burnham could not have 'more Milibands than women' in the top posts
But Mrs Badenoch told them to pipe down and get chosen on merit instead of retreating into 'more of the failed identity politics that is holding back our country'
A letter written by the Women's Parliamentary Labour Party and seen by the BBC has called on Mr Burnham to ensure a 50:50 split between men and women in government jobs after he succeeds Sir Keir Starmer.
'We are asking you to demonstrate this change from day one and address the toxicity and misogyny within our own party and government,' it said.
Labour has never had a female leader, while the Conservatives have had three, and Mrs Badenoch urged the government to follow its meritocratic example.
'If you run a meritocracy, then you do not have to worry about jobs for the boys,' she wrote.
'Every woman who is a Conservative MP, every woman who has ever won the leadership, has had to fight to get where she is.
'By contrast, Labour women are demanding guarantees from Burnham. But the truth is he doesn't have to give any guarantees.
'If none of Labour's women are prepared to get their hands dirty and challenge him for the leadership, their demands are toothless.'
'In fact, it's quite revealing that the women's parliamentary Labour Party has written to Burnham asking him to commit himself to at least 50 per cent female ministers.
'This has nothing to do with meritocracy. It is yet more of the failed identity politics that is holding back our country.'
