We won’t tease you too long about this. He expects the charges to be dropped:
The cut off text:
‘After a careful review of the investigation, including reports and video, we do not believe the crime of Disorderly Conduct can be proven against Mr. Sortor beyond a reasonable doubt.’
I will still be appearing in court at the Portland Justice Center at 2pm PT to finalize this.
And trust me, this is ONLY the beginning ????
Thus, it is not official, and it won’t be until approximately 5 pm EST, assuming all goes to plan. But it is extremely rare that prosecutors back out of a promise not to prosecute at this point.
We have covered both Nick Sortor’s arrest and the ongoing investigation into allegations that Portland Police enforce the law unevenly based on the viewpoints of the accused. Just go here and work your way backwards for previous coverage.
But we will note a subtlety in the language here. They are only saying that they don’t believe that they can prove their case beyond a reasonable doubt. That is one of the highest standards of proof in the law, if not the highest. That is much higher than that used in a typical civil case, which is preponderance of the evidence (basically more evidence than not, or as one lawyer put it, 51% of the evidence). And it certainly is higher than probable cause, which is one of the lowest standards in the law, which is used to justify an arrest. It is easy for the government to say that they can’t prove a case beyond a reasonable doubt, but there was still probable cause for an arrest and even that a preponderance of the evidence that he committed disorderly conduct.
We don’t say that to suggest that Sortor’s arrest was actually justified or that he did commit that crime. We note it because they are clearly being careful not to say anything that would undermine any civil case in the future. Indeed, the cause of action for false imprisonment (sometimes called false arrest) says that the presence of probable cause is a complete defense. Meaning if the police can cross that very low threshold, they can win such a case. It is also a complete defense to any case going after them for a Fourth Amendment violation.
But that won’t help them in a First Amendment viewpoint discrimination case, which Sortor was also apparently trying to build.
The cut off text is simply ‘h/t Angus Lee Law Firm.’ For those less versed in the Internet, h/t means ‘hat tip’ which is a way of saying that he got this information from them. Which in context is kind of obvious, since they apparently represent him.
And a certain person thinks that is a good thing.
We don’t know the attorney from Adam, but we would guess that Mr. Ngo knows more than most people about him. And let's face it, 'Angus Lee' is a heck of a name for a lawyer.
Of course, as said in the first post, Sortor is not nearly done:
Sortor is angry and we don’t blame him.
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