This blossoming out pretty much as I expected it would.
The ‘Insurrection’ Probe Is Falling Apart
The government has created, by their own overheated hyperbole, a nearly insurmountable obstacle to proving their initial accusations in court.
Munchel and Eisenhart, once they realized they were under investigation, turned themselves in to law enforcement a few days after the Capitol protest. Government prosecutors successfully fought to keep both behind bars pending their trial although they committed no violent crime and had remained in the building for less than 15 minutes; on January 24, the D.C. federal judge presiding over the Capitol investigation ordered both defendants transported from Tennessee to a Washington jail to await their day in court.
Prosecutors darkly warned in late January the two Americans could be the first Capitol defendants to be charged with sedition, a crime almost never applied to U.S. citizens.
A Major Blow to the Prosecution
And that’s when the case against Munchel and Eisenhart began to fall apart. In fact, several cases now face an uphill battle as the Justice Department’s abusive overreach related to January 6 is exposed in federal court.
In a major blow to both prosecutors and judges who’ve signed off on dozens of orders to deny bail to Capitol breach defendants—including nonviolent offenders such as Munchel and Eisenhart—the D.C. Court of Appeals on March 26 asked a lower court to “consider anew the government’s motion for detention” for the pair.
The three judges carefully deconstructed the charges against mother and son, noting neither has been accused of violence such as assault or destruction of property. One judge argued the detention order should be reversed, not revisited. In his partial dissent, Judge Gregory Katsas took aim at the Justice Department’s exaggerated case.
“While there, they attempted neither violence nor vandalism,” Katsas wrote. “They searched for no Members of Congress, and they harassed no police officers. They found plastic handcuffs by chance, but never threatened to use them. Munchel’s threat to ‘break’ anyone who vandalized the Capitol was intended to prevent destruction and was addressed to no one in particular.”
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The appellate court order had a quick impact on other cases. That same day, another federal judge, citing the court’s opinion, challenged the Justice Department’s pre-trial detention motions for two members of the Oath Keepers, a group facing conspiracy charges for its role in the Capitol breach.
U.S. District Court Judge Amit Mehta ordered the release of Donovan Crowl and Connie Meggs. (On March 24, Mehta released Laura Steele, a defendant in the Oath Keepers case, and on March 12, Mehta released an ailing 66-year-old veteran prosecutors accused, without evidence, of helping Oath Keepers plan to storm the building.) The government then withdrew its detention request for another Oath Keeper, Graydon Young, on March 29.
No Sedition Charges So Far
Despite heavy-handed threats and braggadocio about pending “sedition” cases, nearly three months later, the Justice Department has nothing even close to this boast—and their mouthpieces in the media are getting nervous.
“But as the sprawling investigation has unfolded, prosecutors have sometimes struggled to maintain a consistent narrative and had to walk back statements made in court hearings or in papers,” the Associated Press warned this week. “It has created an opening for defense attorneys to try to sow doubt in the case.”
Prosecutors had to walk back early claims of assasination plots against elected officials. The Justice Department is having a hard time building its conspiracy case against ten Oath Keepers. More than 300 people have been arrested but no one yet faces a charge of sedition.
Politico reporters just dropped the bad news that most protestors won’t face jail time.
Weaponizing January 6
The Capitol probe investigation has been a vengeful crusade from the start. Democrats, the news media, and many Republicans quickly jumped on early narratives that were later revealed to be untrue, such as tales about an “armed insurrection” or how a Capitol police officer died.
The thoughtcrime of doubting the legitimacy of the 2020 presidential election has been cited in charging documents and during detention hearings, another clear indication the probe is about retribution and silencing rather than justice. Homeschoolers, gun owners, and veterans have been mocked and persecuted by their own government.
https://amgreatness.com/2021/03/30/the-insurrection-probe-is-falling-apart/
The ‘Insurrection’ Probe Is Falling Apart
The government has created, by their own overheated hyperbole, a nearly insurmountable obstacle to proving their initial accusations in court.
Munchel and Eisenhart, once they realized they were under investigation, turned themselves in to law enforcement a few days after the Capitol protest. Government prosecutors successfully fought to keep both behind bars pending their trial although they committed no violent crime and had remained in the building for less than 15 minutes; on January 24, the D.C. federal judge presiding over the Capitol investigation ordered both defendants transported from Tennessee to a Washington jail to await their day in court.
Prosecutors darkly warned in late January the two Americans could be the first Capitol defendants to be charged with sedition, a crime almost never applied to U.S. citizens.
A Major Blow to the Prosecution
And that’s when the case against Munchel and Eisenhart began to fall apart. In fact, several cases now face an uphill battle as the Justice Department’s abusive overreach related to January 6 is exposed in federal court.
In a major blow to both prosecutors and judges who’ve signed off on dozens of orders to deny bail to Capitol breach defendants—including nonviolent offenders such as Munchel and Eisenhart—the D.C. Court of Appeals on March 26 asked a lower court to “consider anew the government’s motion for detention” for the pair.
The three judges carefully deconstructed the charges against mother and son, noting neither has been accused of violence such as assault or destruction of property. One judge argued the detention order should be reversed, not revisited. In his partial dissent, Judge Gregory Katsas took aim at the Justice Department’s exaggerated case.
“While there, they attempted neither violence nor vandalism,” Katsas wrote. “They searched for no Members of Congress, and they harassed no police officers. They found plastic handcuffs by chance, but never threatened to use them. Munchel’s threat to ‘break’ anyone who vandalized the Capitol was intended to prevent destruction and was addressed to no one in particular.”
__________________________
The appellate court order had a quick impact on other cases. That same day, another federal judge, citing the court’s opinion, challenged the Justice Department’s pre-trial detention motions for two members of the Oath Keepers, a group facing conspiracy charges for its role in the Capitol breach.
U.S. District Court Judge Amit Mehta ordered the release of Donovan Crowl and Connie Meggs. (On March 24, Mehta released Laura Steele, a defendant in the Oath Keepers case, and on March 12, Mehta released an ailing 66-year-old veteran prosecutors accused, without evidence, of helping Oath Keepers plan to storm the building.) The government then withdrew its detention request for another Oath Keeper, Graydon Young, on March 29.
No Sedition Charges So Far
Despite heavy-handed threats and braggadocio about pending “sedition” cases, nearly three months later, the Justice Department has nothing even close to this boast—and their mouthpieces in the media are getting nervous.
“But as the sprawling investigation has unfolded, prosecutors have sometimes struggled to maintain a consistent narrative and had to walk back statements made in court hearings or in papers,” the Associated Press warned this week. “It has created an opening for defense attorneys to try to sow doubt in the case.”
Prosecutors had to walk back early claims of assasination plots against elected officials. The Justice Department is having a hard time building its conspiracy case against ten Oath Keepers. More than 300 people have been arrested but no one yet faces a charge of sedition.
Politico reporters just dropped the bad news that most protestors won’t face jail time.
Weaponizing January 6
The Capitol probe investigation has been a vengeful crusade from the start. Democrats, the news media, and many Republicans quickly jumped on early narratives that were later revealed to be untrue, such as tales about an “armed insurrection” or how a Capitol police officer died.
The thoughtcrime of doubting the legitimacy of the 2020 presidential election has been cited in charging documents and during detention hearings, another clear indication the probe is about retribution and silencing rather than justice. Homeschoolers, gun owners, and veterans have been mocked and persecuted by their own government.
https://amgreatness.com/2021/03/30/the-insurrection-probe-is-falling-apart/
