It’s only true sedition if it’s a rebellion that originates in the Sédition region of France; otherwise it’s just sparkling insurrection.
Well, no shit Sherlock.
A federal judge said late Monday that the Justice Department cannot charge Jan. 6 defendants with obstructing Congress’s certification of President Biden’s 2020 election victory unless the defendants tampered with official documents or records in the attack on the U.S. Capitol.
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[I]f the government doesn’t appeal, continuing to prosecute obstruction cases creates the risk that convictions secured now will be undone by a future adverse ruling, forcing retrials. One defense lawyer familiar with Jan. 6 cases said colleagues are likely counseling clients not to plead guilty to a charge that may not be a crime. In that way, Nichols’s decision has given defendants more leverage in plea talks.
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Barbara McQuade, a University of Michigan law professor and former U.S. attorney, said in an email the decision “throws a monkey wrench into DOJ’s efforts to hold accountable the people who attacked the Capitol on Jan 6.”
She noted that Nichols’s interpretation of obstructing an official proceeding “has already been rejected by seven other judges, and I would expect the higher courts to follow suit, but in the meantime, this decision will likely delay all cases where this offense has been charged or could have been charged, including against Donald Trump.”
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Randall Eliason, a George Washington University law professor and former assistant U.S. attorney, said the ruling wasn’t that important but was a “small speed bump” for the Department of Justice.
“One way or another, this issue was always ultimately going to be decided by the D.C. Circuit, and even potentially by the Supreme Court,” he said. “So for now I think the government just soldiers on and continues to use the charge where it thinks it’s appropriate, given the widespread approval by other judges.”
But attorneys representing defendants in Jan. 6 cases said the ruling would likely impact their cases.
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Miller has pleaded not guilty. [Judge] Nichols has rejected a defense motion claiming Miller was a victim of selective government prosecution and has denied his release from jail pending trial. He has been held since his Jan. 20, 2021, arrest in Richardson, Tex.
Might as well say it: Appointed by Donald Trump.
And then there is this Nazi asshole who can’t seem to own a phone like an adult.
now please, while i have no fondness for herr goebbels, i mean mr. miller, i myself am 60 years old and have never owned a cell phone. i have a landline phone at home but i refuse to pay for a tracking device to carry with me everywhere i go. please don’t make assumptions based on the presence or absence of a cell phone.
True! No offense to the tracker deficiency!
Shhh! Did you hear that?
Nonprofits can’t be used that way. How about a little oversight, FBI? Maybe sprinkle in a bit of civil asset forfeiture?
They’re incorporated in Texas. So they’ll be no oversight locally.
So if the Jan 6 Cmte finds that the RNC helped plan and fund the insurrection, then what? Seize all assets and prosecute the board? It can’t just be a slap on the wrist.
Let’s catch up shall we…
Arrests made: More than 775 defendants have been arrested in nearly all 50 states and the District of Columbia. (This includes those charged in both District and Superior Court).
Criminal charges:
- More than 245 defendants have been charged with assaulting, resisting, or impeding officers or employees, including over 80 individuals who have been charged with using a deadly or dangerous weapon or causing serious bodily injury to an officer.
- Approximately 140 police officers were assaulted Jan. 6 at the Capitol including about 80 U.S. Capitol Police and about 60 from the Metropolitan Police Department.
- Approximately 10 individuals have been arrested on a series of charges that relate to assaulting a member of the media, or destroying their equipment, on Jan. 6.
- Approximately 685 defendants have been charged with entering or remaining in a restricted federal building or grounds.
- Over 80 defendants have been charged with entering a restricted area with a dangerous or deadly weapon.
- More than 50 defendants have been charged with destruction of government property, and over 30 defendants have been charged with theft of government property.
- More than 280 defendants have been charged with corruptly obstructing, influencing, or impeding an official proceeding, or attempting to do so.
- Approximately 40 defendants have been charged with conspiracy, either: (a) conspiracy to obstruct a congressional proceeding, (b) conspiracy to obstruct law enforcement during a civil disorder, (c) conspiracy to injure an officer, or (d) some combination of the three.
Pleas:
- Approximately 224 individuals have pleaded guilty to a variety of federal charges, from misdemeanors to felony obstruction, many of whom will face incarceration at sentencing.
- Approximately 195 have pleaded guilty to misdemeanors. Twenty-nine have pleaded guilty to felonies.
- Seven of those who have pleaded guilty to felonies have pleaded to charges related to assaults on law enforcement. Six have now been sentenced to prison terms ranging from 41 to 63 months.
Sentencings:
- More than 110 federal defendants have had their cases adjudicated and received sentences for their criminal activity on Jan. 6. More than 50 have been sentenced to periods of incarceration. More than 35 more have been sentenced to a period of home detention.
Tourists amirite?
Hmmm
Jill Stein!?
Clarence Thomas needs to recuse himself from all related cases and those involving the Trump administration.