Judge rules against Proud Boys using First Amendment defense in Jan. 6 case

NY daily news ^ | 12/29/21 | David Goldiner

[GrandJediMasterYoda]

Judge rules against Proud Boys using First Amendment defense in Jan. 6 case

A federal judge emphatically rejected the claim by four members of the white nationalist Proud Boys that they were only exercising their First Amendment rights by attacking the Capitol on Jan. 6.

U.S. District Judge Timothy Kelly said on Tuesday that the extremists are facing felony charges because they allegedly led a violent effort to overturn the presidential election not for speaking out against supposed election fraud as they claimed.

“Defendants are not, as they argue, charged with anything like burning flags, wearing black armbands, or participating in mere sit-ins or protests,” Kelly wrote in a 43-page opinion.

“Quite obviously, there were many avenues for Defendants to express their opinions about the 2020 presidential election, or their views about how Congress should perform its constitutional duties on January 6, without resorting to the conduct with which they have been charged,” added Kelly, who was appointed by President Trump.

[GrandJediMasterYoda]

He’s hanging out on his ranch without a care in the world. Funny how it’s always the foreign media that reports on him.....

https://www.dailymail.co.uk/news/article-10347577/Ex-Marine-accused-FBI-plant-sent-incite-Jan-6-riot-pictured-ranch.html

[jz638]

“Defendants are not, as they argue, charged with anything like burning flags, wearing black armbands, or participating in mere sit-ins or protests,”

How do you hold a "sit-in" if you aren't already "in" a place that you had access to? Most of the people inside the capital on 6 January were let inside by the police and didn't have an understanding that the building was declared closed to the public.

[Glenmore]

Can they use ‘right to speedy trial’ as a defense?

[sten]

exercising their 1st Amendment rights to protest the coup was obviously why they were there.

if they were there to start an ‘insurrection’ they would’ve brought weapons. they didn’t.

[DEPcom]

“He was nominated to the court by President Donald Trump (R) on June 7, 2017”

Republicans are the ones who recommend his name to Trump. The problem is not just Democrats, it is the Republicans too.

[DesertRhino]

It’s absolutely tyranny for a judge to rule you may not use a certain defense. It may not be accepted by a jury, but an American should have the right to make any arguments he pleases.

[falcon99]

So this Fn judge knows, without a trial or evidence what the mindset of these individuals was. BS, Most of the judges hearing the Jan 6 evidence are damn liberal activist judges who should not even be on the bench. Their decisions are pure politics.

[Trump Girl Kit Cat]

Yep the ONLY damn judge worth a damn thing that was appointed by Trump is Gorsuch the rest a list given to Trump by the Heritage foundation are a HUGE disappointment!! Our side has done EVERYTHING possible to STOP Trump in his tracks I am SO DONE with every ounce of this BS!!! The republicans are jumping for joy about 2022, I think they are going to be STUNNED at how many of their base say SCREW IT and stay home!! There are MANY like myself that are just FED UP!!!

[Scrambler Bob]

Can they use ‘right to speedy trial’ as a defense?
= = =

Govt will need a speedier kangaroo.

[libertylover]

What actual violence did they do?

All, take time to search for, "Jan. 6 Capitol damage", and look at just how little damage was done. There's a few broken windows and/or mirrors, some sort of wooden furniture that appears to be slightly damaged. No statues toppled; no painting thrown into the center of the room and set on fire, etc.

[nicollo]

So Judgy, was it speech, peaceful assembly, or petitioning the government that weren’t doing? Oh, well, if so, then they probably violated the establishment clause by holding a prayer in the Senate Chamber.

Trespassing — if through a broken window, I get. But not if those doors were opened by the Capitol Police themselves.

Maybe this judge can now consider Amendments Four, Five, Six, Eight, Nine & Ten. He might also consider Amendment Three regarding the forced military occupation of DC by Nancy Pelosi.

[AndyTheBear]

Well there was a woman gunned down at point blank range when she was helpless, unarmed, and of absolutely no threat to anyone. Oh wait, I don’t think that was the Proud Boys.