Good day all. There are hundreds of people who took part in the protest at the capitol building on January 6th who are still in jail and have yet to have their day in court.
Recently one defendant refused a deal and went to court. His defense was that the police let him in to the capitol building and told him to not break anything. He went in, looked around, took some pictures and left. For this he was threatened with everything short of summery execution.
He took his case to the judge and the judge basically exploded…at the prosecution. The defendant was acquitted of all charges and may be looking at suing the Government for denying him all his rights under the Constitution. This has led another defendant to pull out of a plea deal at the last minute. Here are the details from the Washington Examiner:
A man charged in the Jan. 6 riot at the Capitol backed out of a deal to plead guilty just days after a federal judge declared another defendant not guilty in the first acquittal connected to the attack.
Shawn Witzemann previously came to a deal to plead guilty to four misdemeanor charges next week, but he changed his mind after U.S. District Judge Trevor McFadden granted a full acquittal to another defendant who was charged with entering a restricted building. Facing similar charges, Witzemann told prosecutors on Thursday that he would seek a similar fate.
“He didn’t want to plead guilty to begin with, but he was afraid to trust the judicial system in D.C.,” said Guy Womack, who represents Witzemann, according to NBC.
From what we’ve seen over the last 14 months, he has every right to be concerned. We have seen judges tearing into the Washington D.C. jails for willful violation of the constitutional rights of the detainees. We have seen these same people being detained for over a year without seeing a judge. In many cases, they have been denied access to lawyers. They are, for all intents and purposes, political prisoners.
Witzemann was arrested last April on four charges, including entering and remaining in a restricted building, disruptive conduct in a restricted building, violent entry and disorderly conduct on Capitol grounds, and demonstrating or picketing in a Capitol building.
Looking at the charges, the last one, demonstrating or picketing in a capitol building could be construed as suppressing the 1st Amendment. There is also the little problem of all the leftist demonstrators who did far more then enter the building who were never charged or at worst, paid small fines.
As to the violent entry, if he was let in or simply followed the crowd and didn’t do anything violent, that to is problematical. As to the “Disruptive conduct,” Please define it and also compare it to what the leftists have done wit regards to things like the Kavanaugh hearings. There is a reason the cases are starting to fall apart.
McFadden earlier this week absolved former federal contractor Matthew Martin of his charges connected to the Jan. 6 riot after his attorneys demonstrated he may have believed he was being waved into the Capitol building by police officers. The decision was the first acquittal in connection to the Jan. 6 riot, setting the stage for other defendants to challenge courts to avoid charges.
I’m not sure, but I think this was also the first to actually go to trial that didn’t involve some idiot throwing a punch at a police officer or intentionally doing damage.
Martin was only the third to go to trial so far after McFadden found Couy Griffin, the co-founder of “Cowboys for Trump,” guilty on March 17 and a federal grand jury found Guy Wesley Reffitt guilty on three counts just a week earlier.
I did a quick search for the two defendants just mentioned. I don’t have much information, however I expect them to appeal. One seems to have faced the same charges as McFadden. The other was also charged with apparent threats of violence. I’ll let others do the research.
What we have been seeing is the Department of (In)Justice stacking charges against people who, in some cases, weren’t even on site with everything short of treason. (They would do that as well if they thought they could get away with it) There is a reason President Trump stated a couple of months back that if he ran and was elected, he would look into pardoning most of the people now being held.
I do know of one case where a person who was under arrest died in custody. (Natural causes I believe. I understand he wasn’t well), he was hit with a stack of charges including entering the capitol building. However, videos have been produced that showed him actually trying to not cross the fence lines and literally being dragged over.
The charges of entering the building were in the process of blowing up when the defendant passed away. The videos showed that the police brought him into the building for medical treatment. If this case had gone to trial he would have been acquitted on the video evidence alone. There is no doubt that the prosecutors have this evidence and he should never have been charged. The problem is that this is all political and has nothing to do with actual criminal activities.
The remaining defendants, if they ever get their day in court, should plead not guilty. The odds are that, unless they’re stuck with an Obama, Biden or Clinton Judge, they will be acquitted. The next president needs to bring in independent investigators who will do a hard and deep anal probe of the Department of Justice and the FBI. The FBI should be disbanded and most of the people in the DoJ need to be flat out fired and a few prosecuted.
Thatisall
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