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Judge Questions DOJ’s Media Policy in Capitol Riot Case Against Infowars Host
WSJ ^ | Aug 24 | By Aruna Viswanatha and Rebecca Ballhaus

Posted on 08/25/2021 2:12:17 AM PDT by RandFan

WASHINGTON—Attorney General Merrick Garland’s move last month to limit Justice Department probes of journalists is facing an early test from an unlikely source: a federal judge overseeing a criminal case against a talk-show host on Infowars, a right-wing website known for touting discredited conspiracy theories.

In an order made public Tuesday, U.S. Magistrate Judge Zia Faruqui said prosecutors refused to answer on the record whether they had complied with the department’s updated media policy when seeking a warrant to arrest the talk-show host, Owen Shroyer, for his alleged involvement in the Jan. 6 riot at the U.S. Capitol.

“The events of January 6th were an attack on the foundation of our democracy,” the judge wrote. “But this does not relieve the Department of Justice from following its own guidelines, written to preserve the very same democracy.”

Prosecutors had provided enough evidence to warrant Mr. Shroyer’s being put on criminal trial, Judge Faruqui wrote, but they wouldn’t lay out their reasons for determining that Mr. Shroyer wasn’t a member of the news media.

In an affidavit for the arrest of Mr. Shroyer, who hosts “The War Room With Owen Shroyer,” a Federal Bureau of Investigation agent said Mr. Shroyer had spoken about stopping the certification of President Biden’s Electoral College win and had entered a restricted area on the west side of the Capitol during the Jan. 6 assault by a mob of supporters of then-President Donald Trump. The FBI agent said Mr. Shroyer’s alleged actions violated laws that prohibit knowingly entering any restricted grounds without authorization.

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


TOPICS: Crime/Corruption; Miscellaneous; News/Current Events
KEYWORDS: berylahowell; berylhowell; capitol; dcdistrict; dirtyprosecutors; dissent; jan6th; magistratejudge; politicalprisoners; ziafaruqui
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1 posted on 08/25/2021 2:12:17 AM PDT by RandFan
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To: All

Owen is FREE by the way...

YIPEEE...

The judges are starting to question the DOJ it seems?


2 posted on 08/25/2021 2:14:22 AM PDT by RandFan
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To: RandFan

What’s a US magistrate judge? Seriously, I’m not accustomed to seeing the word “magistrate” associated with a federal judge. District court judge, circuit court judge, Supreme Court justice I’m familiar with.


3 posted on 08/25/2021 2:19:54 AM PDT by be-baw
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To: be-baw

I believe he sits in the District of Corruption and oversees criminal cases


4 posted on 08/25/2021 2:24:21 AM PDT by RandFan
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To: be-baw

In United States federal courts, magistrate judges are judges appointed to assist district court judges in the performance of their duties. Magistrate judges are authorized by 28 U.S.C. § 631 et seq. The position of “magistrate judge” or “magistrate” also exists in some unrelated state courts (see below).

While district judges are nominated by the President and confirmed by the United States Senate for lifetime tenure, magistrate judges are appointed by a majority vote of the federal district judges of a particular district and serve terms of eight years if full-time, or four years if part-time, and may be reappointed. As of March 2009 there were 517 full-time and 42 part-time authorized magistrate judgeships, as well as one position combining magistrate judge and clerk of court.

Magistrate judges generally oversee first appearances of criminal defendants, set bail, and conduct other administrative duties.


5 posted on 08/25/2021 3:21:14 AM PDT by oldernittany
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To: RandFan

“The judges are starting to question the DOJ it seems?”

Oh boy.. they are getting GUTSY…we had “activist” judges for 70 years. We could use some “activism” right about now.


6 posted on 08/25/2021 3:33:39 AM PDT by The Antiyuppie (When small men cast long shadows, then it is very late in the day.)
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To: oldernittany

Thank you for your excellent and thorough response. I wish you a splendid day.


7 posted on 08/25/2021 3:34:22 AM PDT by be-baw
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To: be-baw

Magistrate judges are not Article 3 judges (lifers) and do the grunt work for Article 3 judges.


8 posted on 08/25/2021 4:07:15 AM PDT by BiglyCommentary
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To: BiglyCommentary

That was nice and succinct. Thanks.


9 posted on 08/25/2021 4:41:59 AM PDT by be-baw
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To: be-baw

Magistrate judges are mortal and generally do not have the GOD COMPLEX that almost all Article 3 judges (immotal) have.


10 posted on 08/25/2021 5:07:48 AM PDT by BiglyCommentary
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To: RandFan
“The events of January 6th were an attack on the foundation of our democracy,” the judge wrote.

Oh, you mean CONgress certifying a stolen election? That event?

11 posted on 08/25/2021 6:47:44 AM PDT by sauropod (Time is like quicksilver, smearing the years... - Bill Nelson)
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To: be-baw; oldernittany
While district judges are nominated by the President and confirmed by the United States Senate for lifetime tenure, magistrate judges are appointed by a majority vote of the federal district judges of a particular district and serve terms of eight years if full-time, or four years if part-time, and may be reappointed.

The chief Article III judge of the particular court where a magistrate judge is appointed has a very big say in that magistrate's appointment.

Always look at the chief judge at the time for an indication of the magistrate's political bent.

Beryl Howell was chief [and still is] when he was appointed in September of 2020.

Muslim Judge Zia Faruqui has been serving as a United States Magistrate Judge for the U.S. District Court for the District of Columbia since September 2020. Prior to his appointment, he was a decorated federal prosecutor, first in the United States Attorney’s Office for the Eastern District of Missouri and then in the District of Columbia.

12 posted on 08/25/2021 9:49:13 AM PDT by kiryandil (China Joe and Paycheck Hunter - the Chink in America's defenses)
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To: RandFan
but they wouldn’t lay out their reasons for determining that Mr. Shroyer wasn’t a member of the news media

Does he cover current events for an audience? Then he has just as much right to be regarded as "news media" as CNN does. Probably more.

13 posted on 08/25/2021 9:57:36 AM PDT by PapaBear3625
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To: RandFan

I had no idea ‘journalists’ were in a protected class.


14 posted on 08/25/2021 9:59:51 AM PDT by Magnum44 (...against all enemies, foreign and domestic...)
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To: kiryandil

“The chief Article III judge of the particular court where a magistrate judge is appointed has a very big say in that magistrate’s appointment.”

I’m not following. Don’t district courts have only one judge?


15 posted on 08/25/2021 10:09:11 AM PDT by be-baw
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To: be-baw
Here's the United States District Court for the District of Columbia [As of June 17, 2021]:
Age	Title	        Judge	                Duty station	        Born	Term of service	                Appointed by
65	Chief Judge	Beryl A. Howell	        Washington, D.C.	1956	2010–present   &2016–present	Obama
79	District Judge	Colleen Kollar-Kotelly	Washington, D.C.	1943	1997–present	—	—	Clinton
59	District Judge	James E. Boasberg	Washington, D.C.	1963	2011–present	—	—	Obama       [FISC - 2021]
68	District Judge	Amy Berman Jackson	Washington, D.C.	1954	2011–present	—	—	Obama
59	District Judge	Rudolph Contreras	Washington, D.C.	1962	2012–present	—	—	Obama       [FISC - 2023]
55	District Judge	Christopher R. Cooper	Washington, D.C.	1966	2014–present	—	—	Obama
60	District Judge	Tanya S. Chutkan	Washington, D.C.	1962	2014–present	—	—	Obama
61	District Judge	Randolph Moss	        Washington, D.C.	1961	2014–present	—	—	Obama
51	District Judge	Amit Mehta	        Washington, D.C.	1971	2014–present	—	—	Obama
53	District Judge	Timothy J. Kelly	Washington, D.C.     *  1969	2017–present	—	—	Trump
44	District Judge	Trevor N. McFadden	Washington, D.C.     *  1978	2017–present	—	—	Trump
55	District Judge	Dabney L. Friedrich	Washington, D.C.	1967	2017–present	—	—	Trump
52	District Judge	Carl J. Nichols	        Washington, D.C.     *  1970	2019–present	—	—	Trump

======================
93	Senior Judge	Joyce Hens Green        inactive                1928    1979–1995       1995–present    Carter
84	Senior Judge	Thomas F. Hogan	        Washington, D.C.	1938	1982–2008	2001–2008	Reagan  &2008–present
79	Senior Judge	Royce Lamberth	        San Antonio, Texas [#1]	1943	1987–2013	2008–2013	Reagan  &2013–present
78	Senior Judge	Paul L. Friedman	Washington, D.C.	1944	1994–2009	2009–present	Clinton
84	Senior Judge	Gladys Kessler	        inactive	        1938	1994–2007	2007–present	Clinton
75	Senior Judge	Emmet G. Sullivan	Washington, D.C.	1947	1994–2021	2021–present	Clinton
74	Senior Judge	Henry H. Kennedy Jr.	inactive                1948	1997–2011	2011–present	Clinton
69	Senior Judge	Richard W. Roberts	inactive                1953	1998–2016	2013–2016	Clinton &2016–present
74	Senior Judge	Ellen Segal Huvelle	Washington, D.C.	1948	1999–2014	2014–present	Clinton
73	Senior Judge	Reggie Walton	        Washington, D.C.	1949	2001–2015	2015–present	G.W. Bush
75	Senior Judge	John D. Bates	        Washington, D.C.	1946	2001–2014	2014–present	G.W. Bush
73	Senior Judge	Richard J. Leon	        Washington, D.C.	1949	2002–2016	2016–present	G.W. Bush
76	Senior Judge	Rosemary M. Collyer	Washington, D.C.	1945	2002–2016	2016–present	G.W. Bush   [FISC - 2020]

& denotes Chief Judge of the Court
* denotes Federalist Society member
# denotes Federalist Society associate
[#1] Lamberth has sat with the Western District of Texas since 2015
FISC denotes United States Foreign Intelligence Surveillance Court

16 posted on 08/25/2021 11:50:28 AM PDT by kiryandil (China Joe and Paycheck Hunter - the Chink in America's defenses)
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To: be-baw

Most United States district courts have between 5 and 15 active judges, and some number of senior [mostly retired] judges.


17 posted on 08/25/2021 11:51:40 AM PDT by kiryandil (China Joe and Paycheck Hunter - the Chink in America's defenses)
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To: kiryandil

Okay. I didn’t know that. Thanks.


18 posted on 08/25/2021 12:55:14 PM PDT by be-baw
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To: kiryandil

Good catch


19 posted on 07/01/2024 9:58:15 AM PDT by piasa (Attitude adjustments offered here free of charge)
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To: Fedora

ping


20 posted on 07/01/2024 9:59:34 AM PDT by piasa (Attitude adjustments offered here free of charge)
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