Posted on 08/11/2021 4:36:32 AM PDT by MtnClimber
Prosecutors in the cases against the January 6 demonstrators are starting to run into some judicial pushback.
Prosecutors in the cases against the January 6 demonstrators are starting to run into some judicial pushback: Questions about exculpatory evidence in their possession not turned over as the law demands, lower courts assessing the defendant as more dangerous than the evidence warranted, and most significantly, whether the prosecution is overcharging defendants with the federal crime of obstruction.
Most of the defendants are charged with knowingly entering or remaining in a restricted area -- a fancy way of saying trespassing. Defendants are entitled to see before pleading to the charges any materially exculpatory evidence in the government’s possession. Defense counsel have complained that the government has not been meeting this obligation, and the prosecution has been responding that it is unable to quickly assess all the evidence it has to meet this burden. As to those charged with trespassing, some are claiming they were invited in and, therefore, could not be guilty of the charges. The prosecution got one extension and the question is whether they should get another, a question complicated by the defendants’ right to a speedy trial. Sixteen of the defendants facing the most serious charges will not have their cases heard until next January.
This week, the Department of Justice seems to have conceded the very point of the inapplicability of some trespass charges.
In its pleading, it states: ”we possess some information that the defense may view as supportive of arguments that law enforcement authorized defendants (including Defendant) to enter the restricted grounds'. e.g., images of officers hugging or fist-bumping rioters, posing for photos with rioters, and moving bike racks, we are not in a position to state whether we have identified all such information.”
(Excerpt) Read more at americanthinker.com ...
Clarice ping!
Malicious prosecution.
The left are evil and vile.
They misspelled persecution in the title.
It isn’t a proper banana republic unless you’ve got political prisoners.
A travesty of justice.
In the common vernacular, yes. But in the topsy turvy "no justice here" of the legal world, the hurdle for this allows massive abuse of power without any repercussion. The so-called accountability is nothing more than we can righteously call the prosecutor a thug, and the institution that supports him a gang of thugs.
Our government makes King George look like a Boy Scout.
"with malice and without probable cause," malice can be defined so as to be personal, there is no such thing as malice toward a stranger' and probable cause can be found with a microscopic speck of equivocal evidence. They are in the building - bingo, probable cause.
Those rotting in jail are lucky.
Five years from now the Marxist system will have advanced enough so that anyone threatening the regime will get an immediate bullet to the head.
If you want to know the future watch “The Chekist”
Clarice Feldman ping.
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They should suffer the same fate as violent BLM and anti-fa rioters faced in court.
Oh, that’s right...they never made it to court b/c the likes of Kamala Harris bailed them out - and then Soros -funded DAs dropped all charges.
Notice how they drag that crap out, and out, and out some more? They can’t just have day in court, and be done with it.
This is all political theater, and they’re trying to milk it for all it’s worth.
It is quite telling that there are no protests or mails floods on the behalf of those prisoners. Conservatives are such weenies.
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