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The January 6 Prosecutions Hit a Speed Bump
American Thinker ^ | 28 Mar, 2021 | Clarice Feldman

Posted on 03/28/2021 3:56:17 AM PDT by MtnClimber

Democrat hopes for show trials a la Stalin's Great Purge are beginning to fade.

Two weeks ago, I wrote of the Department of Justice’s overreach respecting some of the hundreds of January 6 defendants. On Friday the D.C. Circuit clipped the department’s wings. I expect more such losses as time goes on and the Department must actually present evidence in contested trials.

The ploy of keeping in D.C. jails without bail some of the protestors who engaged in no specific violent acts at the Capitol until their cases can be heard was very obviously designed to compel them to plea bargain so they could return home to their families and jobs, and the three-judge panel wasn’t buying it. If you think that there is a partisan tinge to their decision, you’d be wrong, Judge Robert Wilkins was confirmed under Barack Obama; Judge Judith Rogers under Bill Clinton, and Judge George Katsas under Donald Trump. It was bipartisan.

The case made it to the Circuit Court upon appeal from a detention order by Judge Royce Lamberth (a senior judge first appointed to the bench by then-president Ronald Reagan). I mention the judicial appointment history of these judges as an antidote to the all-too-common implications that judges are always using the law to cover their personal political beliefs. Sometimes it appears they do. Other times -- like this one -- they are honestly applying the Constitution and law to the facts.

And they do so here in what was clearly the Department of Justice’s political effort to paint with a broad brush anyone who supported Trump on January 6 and to place unreasonable and unlawful burdens on those protestors in order to bolster overcharged crimes.

(Excerpt) Read more at americanthinker.com ...


TOPICS: Society
KEYWORDS: arrests; capitolriot; clarice; claricefeldman; communism; jan6; persecution; prosecution
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1 posted on 03/28/2021 3:56:17 AM PDT by MtnClimber
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To: MtnClimber

The communist democRATs went after Trump for over four years with paid actors trying to entrap his associates and staff. The January 6 Capitol incursion was clearly an effort to entrap Trump supporters and then paint supporters with a broad brush as violent extremists and even domestic terrorists. January 6 was the start of the next phase of hoaxes and entrapments. They are still going after Trump and they are ramping up efforts to go after Trump supporters. Look for more efforts to incite violence and to orchestrate black flag events. The military and federal agencies are being purged of those who might object and become whistle blowers. I predict a dangerous next four years (minimum estimate. People looking into election fraud will be the canaries in the coal mine. Just my humble prediction.


2 posted on 03/28/2021 3:56:34 AM PDT by MtnClimber (For photos of Colorado scenery and wildlife, click on my screen name for my FR home page.)
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To: upchuck

Clarice ping for you.


3 posted on 03/28/2021 3:57:20 AM PDT by MtnClimber (For photos of Colorado scenery and wildlife, click on my screen name for my FR home page.)
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To: All
.....the D.C. Circuit Court clipped the Biden DOJ'S wings. WRT unlawful incarcerations in the Jan 6 incident......
The court threw a wet blanket on obsessed Democrats' stoking the incident to get more power........

Apparently, the Biden DOJ never knew they must actually present evidence in contested trials.

BTW, it was a bipartisan decision: Circuit Judge Robert Wilkins was confirmed under Barack Obama;
Judge Judith Rogers under Bill Clinton, and Judge George Katsas under Donald Trump.

4 posted on 03/28/2021 4:06:07 AM PDT by Liz (Our side has 8 trillion bullets; the other side doesn't know which bathroom to use. )
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To: MtnClimber

Yep. And I don’t call them “the communist democRATs” anymore. I call them “Domestic enemies” because that’s exactly what they are. They are Domestic enemies currently occupying the Oval office by force. The military took an oath at enlistment to protect the constitution from these bastards. That seems to be the only way right now they can be stopped before we descend into a full blown tyranny so I’m hoping they are not too successful in purging patriots from it.

Oath of Enlistment

I, _____, do solemnly swear (or affirm) that I will support and defend the Constitution of the United States against all enemies, foreign and domestic; that I will bear true faith and allegiance to the same; and that I will obey the orders of the President of the United States and the orders of the officers appointed over me, according to regulations and the Uniform Code of Military Justice. So help me God.” (Title 10, US Code; Act of 5 May 1960 replacing the wording first adopted in 1789, with amendment effective 5 October 1962).


5 posted on 03/28/2021 4:09:04 AM PDT by GrandJediMasterYoda (As long as Hillary Clinton remains free equal justice under the law will never exist in the USA)
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To: MtnClimber

has no history of violence, has no prior felony convictions, and is not a member of any anti-government or militia group.”

Yeah, huh, and who gets to define what? If he were a 3 percenter or Proud Boys or Oathkeeper, then what?


6 posted on 03/28/2021 4:13:47 AM PDT by TalBlack (We have a Christian duty and a patriotic duty. God help us.)
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To: Liz

“Apparently, the Biden DOJ never knew they must actually present evidence in contested trials.”

Reminds me of when Bill and Hillary Clinton had their poisonous Sidney Blumenthal bring a case against Drudge.

When Drudge asked for depositions, inclding detailed info about goings on in the Clinton White House,

they quickly dropped the case.


7 posted on 03/28/2021 4:26:20 AM PDT by MarvinStinson
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To: MarvinStinson

LOL....thanks for that.


8 posted on 03/28/2021 4:32:30 AM PDT by Liz (Our side has 8 trillion bullets; the other side doesn't know which bathroom to use. )
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To: GrandJediMasterYoda

Too bad oaths of office are not legally binding.


9 posted on 03/28/2021 5:12:33 AM PDT by Fester Chugabrew (No audit. No peace.)
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To: MtnClimber
They are still going after Trump and they are ramping up efforts to go after Trump supporters.

Replace 'Trump' with 'Conservative spokesman' and replace 'Trump Supporters' with 'Conservatives' and I agree 100%. The conservative movement is what the socialists want to abolish. The first heavy push-back was with the 'tea party'.

10 posted on 03/28/2021 5:17:02 AM PDT by eeriegeno (A well regulated Militia, being necessary to the security of a free State....)
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To: MtnClimber

Demand the public release of 100% of the security videos.

95% of the defendants would walk away with a trespassing charge.


11 posted on 03/28/2021 5:22:18 AM PDT by zeestephen
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To: All

I do not understand “trespass”. The Capitol is a US government building. Those people are US citizens. If such a thing had happened I could understand “breaking and entering” but what is the legal argument to accuse them of trespass?


12 posted on 03/28/2021 5:31:52 AM PDT by opxnv
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To: MtnClimber
I predict a dangerous next four years

I agree.
The persecution of conservatives has begun.

13 posted on 03/28/2021 5:36:20 AM PDT by SisterK (Let the King of my heart Be the fire inside my veins)
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To: opxnv

Capitol police were waiving them in. Not even trespassing would apply.


14 posted on 03/28/2021 5:44:51 AM PDT by fwdude (Pass up too many hills to die on, and you will eventually fall off the edge of the world.)
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To: TalBlack
Yeah, huh, and who gets to define what? If he were a 3 percenter or Proud Boys or Oathkeeper, then what?

Then being held without bail would have just a little more merit, in the same way that a gang member of MS13 might be more likely to be held without bail on an assault charge.

15 posted on 03/28/2021 5:46:16 AM PDT by Yo-Yo (is the /sarc tag really necessary?)
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To: opxnv
I was present at the Capitol on November 15, 1969 along with hundreds of thousands of anti-Vietnam war protestors. The Capitol was open and accessible to everyone. You could knock on Mike Mansfield's door and ask to speak to him, and some people did. Seeing your own congressman was easier for a lot of people, although my own congressweasel was out of town.

The White House was surrounded, at least by the Ellipse, by a triple ring of busses and National Guardsmen. Tear gas was used to divert marchers down 14th Street from Constitution Avenue.

But access to the Capitol and the office buildings was never obstructed. The large concrete bollards were not there, then. There was no fence, there were no troops.

That was because entering the Capitol, in those days, did not require permission, so an "offense" of entering the Capitol without permission by definition could not exist.

The enormous increase in security at the Capitol (which has been going on for 30 years) is a perfect example of Proverbs 28:1.

16 posted on 03/28/2021 5:56:06 AM PDT by Jim Noble (In times of universal deceit, telling the truth is a revolutionary act)
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To: MtnClimber

Their new MO is to let their media minions try the cases in the court of public opinion then scare judges into ruling in their favor or expect rioting.


17 posted on 03/28/2021 6:51:43 AM PDT by 100%FEDUP (I'm seeing RED!)
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To: MtnClimber; 5th MEB; Albion Wilde; American in Israel; bitt; BlackAdderess; bobfeland; burghguy; ...
Thank you MtnClimber.


Clarice Feldman ping.

If you'd like to be on or off the Clarice Feldman ping list, usually issued only on Sunday morning, please click Private Reply below and drop me a FReepmail.

18 posted on 03/28/2021 8:23:52 AM PDT by upchuck (Republicans better realize the 74 million Trump supporters are not 74 million GOP supporters.)
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To: MtnClimber

The DOJ can still use prolonged investigations and litigation to get plea deals ie lawfare. That’s why we need jury nullification across the board for as many federal cases against the people as possible. The Feds have a 95+ win rate. That must change in order to rein in these political prosecutions and reduce power of prosecutors.


19 posted on 03/28/2021 8:33:13 AM PDT by grumpygresh (Civil disobedience by jury nullification. )
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To: grumpygresh

The jury in DC and many liberal areas will be largely liberals. But, all it takes is one conservative holdout to force the persecution to either give up or go for another trial. This will still bankrupt the defendant.


20 posted on 03/28/2021 8:38:07 AM PDT by MtnClimber (For photos of Colorado scenery and wildlife, click on my screen name for my FR home page.)
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