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 ...
Owen is FREE by the way...
YIPEEE...
The judges are starting to question the DOJ it seems?
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.
I believe he sits in the District of Corruption and oversees criminal cases
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.
“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.
Thank you for your excellent and thorough response. I wish you a splendid day.
Magistrate judges are not Article 3 judges (lifers) and do the grunt work for Article 3 judges.
That was nice and succinct. Thanks.
Magistrate judges are mortal and generally do not have the GOD COMPLEX that almost all Article 3 judges (immotal) have.
Oh, you mean CONgress certifying a stolen election? That event?
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.
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.
I had no idea ‘journalists’ were in a protected class.
“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?
Age Title Judge Duty station Born Term of service Appointed by 65 Chief Judge Beryl A. Howell Washington, D.C. 1956 2010present &2016present Obama 79 District Judge Colleen Kollar-Kotelly Washington, D.C. 1943 1997present Clinton 59 District Judge James E. Boasberg Washington, D.C. 1963 2011present Obama [FISC - 2021] 68 District Judge Amy Berman Jackson Washington, D.C. 1954 2011present Obama 59 District Judge Rudolph Contreras Washington, D.C. 1962 2012present Obama [FISC - 2023] 55 District Judge Christopher R. Cooper Washington, D.C. 1966 2014present Obama 60 District Judge Tanya S. Chutkan Washington, D.C. 1962 2014present Obama 61 District Judge Randolph Moss Washington, D.C. 1961 2014present Obama 51 District Judge Amit Mehta Washington, D.C. 1971 2014present Obama 53 District Judge Timothy J. Kelly Washington, D.C. * 1969 2017present Trump 44 District Judge Trevor N. McFadden Washington, D.C. * 1978 2017present Trump 55 District Judge Dabney L. Friedrich Washington, D.C. 1967 2017present Trump 52 District Judge Carl J. Nichols Washington, D.C. * 1970 2019present Trump ====================== 93 Senior Judge Joyce Hens Green inactive 1928 19791995 1995present Carter 84 Senior Judge Thomas F. Hogan Washington, D.C. 1938 19822008 20012008 Reagan &2008present 79 Senior Judge Royce Lamberth San Antonio, Texas [#1] 1943 19872013 20082013 Reagan &2013present 78 Senior Judge Paul L. Friedman Washington, D.C. 1944 19942009 2009present Clinton 84 Senior Judge Gladys Kessler inactive 1938 19942007 2007present 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 19972011 2011present Clinton 69 Senior Judge Richard W. Roberts inactive 1953 19982016 20132016 Clinton &2016present 74 Senior Judge Ellen Segal Huvelle Washington, D.C. 1948 19992014 2014present Clinton 73 Senior Judge Reggie Walton Washington, D.C. 1949 20012015 2015present G.W. Bush 75 Senior Judge John D. Bates Washington, D.C. 1946 20012014 2014present G.W. Bush 73 Senior Judge Richard J. Leon Washington, D.C. 1949 20022016 2016present G.W. Bush 76 Senior Judge Rosemary M. Collyer Washington, D.C. 1945 20022016 2016present 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
Most United States district courts have between 5 and 15 active judges, and some number of senior [mostly retired] judges.
Okay. I didn’t know that. Thanks.
Good catch
ping
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