DeRay Mckesson had a federal judge dismiss a case against him but he may not get off that easy after taking on Judge Jeanine Pirro.
The activist shot back at Pirro on Twitter after she blamed him for “directing the violence” at a Baton Rouge protest in 2016 over the shooting of Alton Sterling, a black man held down and fatally shot by two police officers.
Over 100 people were arrested at the Black Lives Matter protest last July, including Mckesson who sued the city over his arrest. A Baton Rouge police officer sued the Black Lives Matter movement and Mckesson for injuries he sustained when a projectile thrown by a protester hit him in the face.
But U.S. District Judge Brian Jackson dismissed the suit Thursday, ruling that Black Lives Matter is a social movement, not an entity, and so cannot be sued, according to LawNewz.
“Although many entities have utilized the phrase ‘black lives matter’ in their titles or business designations, ‘Black Lives Matter’ itself is not an entity of any sort,” Jackson wrote in his 24-page ruling. He also ruled that McKesson was not responsible for the violence that broke out but that he “solely engaged in protected speech.”
Pirro accused McKesson of ““directing people, directing the violence” at the protest, and slammed the judge’s decision as well as his claim that McKesson was “engaging in protected free speech” during her appearance on “Fox & Friends” Friday.
“Now I want you to guess who appointed this federal judge,” she asked, and then provided the answer. “Barack Obama.”
McKesson did not take lightly the comments from the host of “Justice with Judge Jeanine,” and fired back on Twitter Friday.
— deray mckesson (@deray) September 29, 2017
“I was found not guilty & I didn’t direct any violence. In fact, I was protesting the violence of the police,” he responded. “Stop lying.”
The fiery former judge and New York District Attorney had not yet offered a reply to the tweet but denounced judges making decisions based on politics while on “fox & Friends.”
“What is wrong with this country today?” she asked. “the problem is when you have federal judges who make decisions based on politics – activist judges – and not on the facts.”
Update: Pirro responded with the following brief statement:
“Based on 32 years in law enforcement, you can only be found not guilty after a trial. McKesson was not tried. I was quoting paragraph 17 and 19 from court documents.”
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