Crime

Man Wrongly Held As ‘Safety Risk’ Over Jan 6 Role Is Part Of A Larger Story

The house of cards in Democrat overreach for the events of January 6th, and their heavy-handed response to the participants is starting to fall.

Increasingly this is looking like a deliberate ploy for Democrats to raise the event to ‘Reichstag Fire’ status in an effort to marginalize, discredit, perhaps even de-legitimize the only thing standing between Democrats and absolute, unopposed rule… the Republican party.

With so many branches of government already openly acting on behalf of Democrat party interests, rather than those of the American citizens, that would be a dangerous next step.

But civil liberties aren’t entirely done away with yet… the courts just intervened in a second case involving one of the accused from what happened on January 6th. The unconvicted man being held for months is not, in fact a risk. The man doesn’t even have a criminal record.

Will this presidential election be the most important in American history?

The three-judge panel determined that the district court had “clearly erred” when it determined that George Pierre Tanios could not be released into the community without risk to safety.

According to an FBI affidavit, Tanios was seen in video with Julian Elie Khater “working together to assault law enforcement officers with an unknown chemical substance by spraying officers directly in the face and eyes.”

…An attorney representing Tanios filed an appeal seeking a bond release for Tanios in July, arguing that Hogan had been wrong in ruling that Tanios must remain in prison pending his trial.

“The record reflects that Tanios has no past felony convictions, no ties to any extremist organizations, and no post-January 6 criminal behavior that would otherwise show him to pose a danger to the community within the meaning of the Bail Reform Act,” the appeals court wrote in its decision on Monday. — Hill

Considering we (now) know that Officer Sicknick’s death was not due to any violent assault, but due to a stroke he had later on, this changes the math more than a little.

This rush to judgment, however, is part of a larger pattern.

We’ve seen the FBI going to great lengths — including possibly entrapment — to secure convictions against people they are convinced are bad guys who need to be arrested. Even absent any evidence of a crime, Federal employees are befriending targets and goading them to construct Molitov Cocktails and testing them at out-of-use federal property. FBI Busted Using Jan 6 As Excuse To Infiltrate Bible Study, Attempt Target & Entrapment Of Immigrant Members

The accused participants being held have not exactly been treated well, either, unless it’s suddenly ‘acceptable’ for an unconvicted citizen awaiting his day in court to get his skull fractured by prison staff. ACCUSATIONS OF TORTURE: Is Biden Closing Gitmo, Only To Build ‘Gitmo 2.0’ Right Here For Republicans?

As for the right to a speedy trial? Dont’ count on it… January 6 Detainee Won’t See Court Date Until 2022 — Is That A Sixth Amendment Violation?

Yeah, our crackerjack federal law enforcement is on the case. FBI Seizes ‘Fully Assembled’ Lego Replica Of Capitol … Gets Dragged On Social Media

You gotta admit, they did get their man, though. It was ‘fully constructed’ after all! Except for one detail. We later learned, even that was a lie.

The Department of Justice now says a DoJ court document claiming to have recovered a “fully constructed U.S. Capitol Lego set” from the home of a man charged in the Jan. 6 Capitol breach was “a miscommunication,” and the Lego set was actually unconstructed and in a box. — WilsonCountyNews

Oops.

Prosecutors in the cases against the January 6 demonstrators are starting to run into some judicial pushback: Questions about exculpatory evidence in their possession not turned over as the law demands, lower courts assessing the defendant as more dangerous than the evidence warranted, and most significantly, whether the prosecution is overcharging defendants with the federal crime of obstruction.

Most of the defendants are charged with knowingly entering or remaining in a restricted area — a fancy way of saying trespassing. Defendants are entitled to see before pleading to the charges any materially exculpatory evidence in the government’s possession. Defense counsel have complained that the government has not been meeting this obligation, and the prosecution has been responding that it is unable to quickly assess all the evidence it has to meet this burden. As to those charged with trespassing, some are claiming they were invited in and, therefore, could not be guilty of the charges. The prosecution got one extension and the question is whether they should get another, a question complicated by the defendants’ right to a speedy trial. Sixteen of the defendants facing the most serious charges will not have their cases heard until next January.

This week, the Department of Justice seems to have conceded the very point of the inapplicability of some trespass charges. — AmericanThinker

The article continued with another threat to the DOJ’s case against 235 of the defendants. The legal validity of the ‘obstruction’ charge being leveled at the accused is being questioned.

In any event, Judge Moss questioned whether the charges aren’t unconstitutionally vague and asked the parties to brief how the Justice Department distinguished “felony conduct under the statute, punishable by up to 20 years in prison, from misdemeanor offenses, such as shouting to interrupt a congressional hearing.”

“‘Unless we can tell the public where that line is, there’s a problem.” You bet there is. Criminal statutes should be clear and consistent to provide guidance to all, and it’s hard to see how they can be when prosecutors have charged people who aren’t accused of violence or destruction. Is sitting in the vice-president’s chair really obstruction of Congress, to take one example? — AmericanThinker

The American Thinker piece is one we commend to our readers, as it gives us all something to, well, think about. Not to mention questions we might want to pose to our various elected representatives.

Fortunately, all this time and energy spent by our limited resources at the Federal level aren’t leaving us open to any other vulnerabilities, right?

Well, you don’t want to pop any corks just yet. HEY FEDS: Endless ‘Jan 6’ Investigations Leave A Blindspot … Bombs In Airplanes

Cross-posted with Clash Daily

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