Jeffrey Toobin Wonders What Trial Would Be Like if Kyle Rittenhouse Were Black and I Have Thoughts

Mark Hertzberg/Pool Photo via AP

As it is with “medical expert” commentary, the state of legal analysis in the media is absolutely dire, as we’ve noted here previously.

One big reason why is thanks to the strong political biases of legal analysts like CNN’s Jeffrey Toobin. While it’s not necessarily a bad thing to be a politically opinionated legal analyst, what is wrong is allowing your biases to cloud your judgment as to the specific facts of the cases/trials on which you’re being asked to provide comment and analysis.


In Toobin’s case, his analyses about the Kyle Rittenhouse case have been so bad that even the trial’s judge – Bruce Schroeder, an evil man according to leftists because he’s got “God Bless the USA” as his phone’s ringtone – actually called Toobin out by name last week and proclaimed in so many words that Toobin had no idea what he was talking about.

I mean, it has to be really bad for a judge who is presiding over an actively ongoing trial to use the bench to call out bad legal commentary.

Regardless, Toobin is still out there sharing his thoughts on the case (and thankfully nothing more than that), posting this tweet last night wondering “what the verdict would be” in the Rittenhouse trial if the defendant were black:

Well, obviously none of us can speak to what the jury’s thoughts are on the trial as it stands right now. But what we can do is speak on our own thoughts as observers of the trial as it is broadcast on TV and social media.


For starters, if Kyle Rittenhouse were black and the circumstances behind the trial were exactly the same as they are for the actual Kyle Rittenhouse, CNN and their legal analysts and commentators like Toobin would actually be urging people to listen to all the evidence presented before casting judgment.

This is exactly the opposite of what CNN types like Toobin and fellow legal analysts like high-profile South Carolina Democrat attorney Bakari Sellers, also a former state co-chair for Kamala Harris’ failed presidential campaign, are doing. Sellers openly mocked Rittenhouse earlier this week for crying during his testimony, tweeting that “He went with the ugly cry to win this Oscar. Gives me Tropic Thunder vibes.” This from a man who describes himself as a proponent of “criminal justice reform.” Think about it.

Secondly, and I say this with complete confidence, conservatives would be defending him in exactly the same manner they’ve defended the white Kyle Rittenhouse. The facts are what they are, and his color does not – and should not change that.

Sadly, as we’ve seen with many liberals whether they are legal analysts or not, Rittenhouse’s race has indeed impacted their judgment of this case to their discredit, suggesting that racism is the motivation for some believing the way they do about Rittenhouse. That’s the elephant in the room that no one wants to discuss, but it’s there nevertheless and I have no qualms about calling it out.


Thirdly, what if Kyle Rittenhouse was black? Well, I dunno, maybe he’d have been treated differently from the start:

…or maybe he wouldn’t have even been charged at all – much less with murder, considering this was obviously a politically-motivated prosecution.

Of course, regarding the Toobin question, we’re talking a hypothetical here. The reality of the matter is that Rittenhouse is white and is being prosecuted not just for defending himself but also he’s being tried in the media and on the left primarily for being a white guy with a gun who used it during a racially-motivated riot in Kenosha. As far as I’m concerned, that’s far more of a damning indictment of Rittenhouse’s persistent critics on the left/in the MSM than it is of Rittenhouse.

But considering that one supposed physician and “body language expert” (and also a CNN commentator, shockingly enough) on Twitter is now incredibly accusing Rittenhouse of using a sexually-charged hand gesture during his testimony, maybe the real question here is what if Kyle Rittenhouse were Jeffrey Toobin?


Related: New CNN-Driven Attack on Rittenhouse Judge Ripped Outta the Peak Stupid Playbook
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