With Democrats and their radical-activist base continuing to seethe after the criminal leak of a draft Supreme Court opinion that would overturn Roe v. Wade’s concoction of a supposedly constitutional right to kill the unborn, White House press secretary Jen Psaki made this statement Tuesday, on behalf of President Biden:
“I know that there’s an outrage right now, I guess, about protests that have been peaceful to date, and we certainly do continue to encourage that, outside judges’ homes, and that’s the president’s position.”
The best interpretation of this astonishing assertion is that Biden wants people who choose to protest outside the homes of Supreme Court justices to remain peaceful, but is not recommending that they conduct such protests.
A more rational interpretation is that the president is encouraging people to violate federal law by protesting at Supreme Court justices’ homes, and that he views this as appropriate as long as the protesters do not resort to violence. This interpretation accounts for Biden’s constitutional duties to execute the laws faithfully and to protect both the security of the courts and the administration of justice,
To be clear, it is a criminal offense to picket or parade near a residence of a federal judge for the purpose of influencing the outcome of a judicial proceeding. It is not a defense that the behavior is nonviolent. When a statutory crime does not necessarily involve forcible conduct, the fact that people commit it “peacefully” is irrelevant.