Good point BUT in the associated news about this, there have been numerous mentions of the FBI and DoJ which ARE Executive Agency operators. That they assisting the US Capitol Police is indisputable as it is self-admitted. Still this detention authority is a sideshow if the Courts are restricted from providing the detainees with their US Constitutional RIGHTS!
“Still this detention authority is a sideshow if the Courts are restricted from providing the detainees with their US Constitutional RIGHTS!”
The breakdown in the system is with the judges overseeing the cases. Any judge responsible for overseeing cases involving citizens arrested for the Capitol incident can order bail today for individual defendants. Any judge overseeing these trials can dismiss individual cases if the Justice Department refuses to turn over all evidence to the defense (i.e denial of due process and denial of being able to confront the accuser). It matters not if the people are detained by the Capitol Police, the FBI, the National Guard, federal marshals, or the DC police. If prosecutors are not ready to go to trial, the judge can dismiss the case due to lack of evidence. A judge can also order the prosecution to try the case immediately if the defense is ready. Judges are supposed to protect the rights of the accused and to blunt the force of tyrannical prosecution. The Constitution does not restrict the Courts from protecting the rights of the accused. Something else (ideology, fear, extortion) is keeping the judges from doing their jobs.