Assault on the Capitol (DC)

[Jim]

Sounds like ripe for a DOJ appeal.

[Kendra]

Proud Boys leader Enrique Tarrio arrested this morning in his underwear in Miami for conspiracy in connection with the J6 insurrection. From NBC6.

[raison de arizona]

https://twitter.com/RonFilipkowski/stat ... 2150079489

Proud Boys leader Enrique Tarrio arrested this morning in his underwear in Miami for conspiracy in connection with the J6 insurrection. From NBC6.

Iffin' I were a Proud Boy, this would be my wakeup call to start wearing jammies.

[Frater I*I]

Appointed by Trump, clerked for Clarence Thomas. FWIW.

Natch....

[Kendra]

https://twitter.com/RonFilipkowski/stat ... 2150079489

Proud Boys leader Enrique Tarrio arrested this morning in his underwear in Miami for conspiracy in connection with the J6 insurrection. From NBC6.

Iffin' I were a Proud Boy, this would be my wakeup call to start wearing jammies.

[RVInit]

Proud Boys leader Enrique Tarrio arrested this morning in his underwear in Miami for conspiracy in connection with the J6 insurrection. From NBC6.

Such a douchebag. Stop the video at the point where his right hand is fully in view under the 2nd of the first two arches. They have to use every opportunity to show who they are, I guess.

[northland10]

Appointed by Trump, clerked for Clarence Thomas. FWIW.

And, as is almost every judge that ever existed, hated by Klayman.

KLAYMAN: THIS D.C. FEDERAL JUDGE IS ANOTHER POLITICIZED HACK!
https://www.freedomwatchusa.org/klayman ... cized-hack

NBC News
November 14, 2021

A Chicago-area man who lost his job as CEO of a tech firm because he participated in the Jan. 6 post-election unrest at the U.S. Capitol was sentenced Friday.

Bradley Rukstales of Inverness, Illinois, was sentenced to 30 days in prison and ordered by U.S. District Judge Carl Nichols to pay $500 in restitution to the Department of the Treasury.

Edit: He has not sued Nichols yet. Trump appointees Rao and MacFadden cannot say the same.

[Gregg]

Sounds like ripe for a DOJ appeal.

Okay, help me out here. I know prosecutors have some mechanism to appeal, but isn't it generally true that once a defendant wins, (not ties) the defendant has won?

[Gregg]

Appointed by Trump, clerked for Clarence Thomas. FWIW.

Natch....

So lemme guess. Thirty two years old, Taft Lew School, first time in a courtroom was to be sworn in and thinks Mussolini was a deep state liberal.

[sugar magnolia]

Sounds like ripe for a DOJ appeal.

Okay, help me out here. I know prosecutors have some mechanism to appeal, but isn't it generally true that once a defendant wins, (not ties) the defendant has won?

Doesn't that just apply to a jury verdict? This is just a judge dismissing a charge I think.
From tencats original article.

The decision throws a wrench pending appeal into the felony prosecutions of as many as 275 arrested individuals.

[realist]

"For completeness," this ruling affects only this defendant. And, effectively, any other defendant facing this charge in this judge's courtroom.

Whether it persuades any other judge remains to be seen. But no other judge is bound by it.

And all the other judges have ruled the opposite.

[Kendra]

Court filings in new US Capitol riot conspiracy case against Proud Boys leader Enrique Tarrio say the feds have also sought search warrants for "two co-conspirators" in Carlisle, Pennsylvania & Belmont, N. Carolina

I checked.... those search warrants are still sealed

[Kendra]

US Capitol breach defendant John Andries has been arrested again

St. Mary's County, Md sheriff office says Andries pushed an officer in chest after altercation at pool hall on Feb 25. Charged w/ assault

Andries is accused of entering Capitol thru broken window on Jan 6, 2021

[neonzx]

He needs a visit from my hair clippers.

[noblepa]

"For completeness," this ruling affects only this defendant. And, effectively, any other defendant facing this charge in this judge's courtroom.

Whether it persuades any other judge remains to be seen. But no other judge is bound by it.

And all the other judges have ruled the opposite.

I read the story, and it appears that the judge was saying that, unless the rioters had entered the Senate chamber and physically damaged, stolen or otherwise done something bad to the actual paper electoral ballots, the statute didn't apply. The statute simply refers to interfering with the counting of the ballots, so I don't see how that can be correct. The insurrectionists clearly interfered with the process of counting and certifying the electoral ballots, whether they destroyed the paper copies or not.

[realist]

And he is a Trump appointee, so there's that.

[realist]

"For completeness," this ruling affects only this defendant. And, effectively, any other defendant facing this charge in this judge's courtroom.

Whether it persuades any other judge remains to be seen. But no other judge is bound by it.

And all the other judges have ruled the opposite.

I read the story, and it appears that the judge was saying that, unless the rioters had entered the Senate chamber and physically damaged, stolen or otherwise done something bad to the actual paper electoral ballots, the statute didn't apply. The statute simply refers to interfering with the counting of the ballots, so I don't see how that can be correct. The insurrectionists clearly interfered with the process of counting and certifying the electoral ballots, whether they destroyed the paper copies or not.

https://www.washingtonpost.com/dc-md-va ... JlxYPlF_H4

The provision covers “whoever corruptly alters, destroys, mutilates or conceals a record, document or other object...or otherwise obstructs, influences or impedes any official proceeding.” Prosecutors have been charging defendants under the second part of that law, accusing them of obstructing the official proceeding of Congress’ attempt to count the electoral college vote on Jan. 6, 2021.

Nichols ruled that the government could not use the second part alone, and that the court “requires that the defendant have taken some action with respect to a document, record, or other object in order to corruptly obstruct, impede or influence an official proceeding.” Raiding the Capitol and forcing lawmakers to flee or wrongly trying to halt vote counting does not apply to that interpretation, the judge said.

It clearly says "or" so I think the government's interpretation holds if appealed, and it should be appealed, or it's going to come up in every case in the future in which it's charged and perhaps those who have already pled.

[bob]

Sounds like ripe for a DOJ appeal.

Okay, help me out here. I know prosecutors have some mechanism to appeal, but isn't it generally true that once a defendant wins, (not ties) the defendant has won?

Doesn't that just apply to a jury verdict? This is just a judge dismissing a charge I think.

Correct; jeopardy hasn't attached yet, so the prosecutor can appeal the dismissal, which was based on legal grounds and not factual sufficiency.

But Crazy Texas is in the Crazy 5th Cir.....

[noblepa]

Okay, help me out here. I know prosecutors have some mechanism to appeal, but isn't it generally true that once a defendant wins, (not ties) the defendant has won?

Doesn't that just apply to a jury verdict? This is just a judge dismissing a charge I think.

Correct; jeopardy hasn't attached yet, so the prosecutor can appeal the dismissal, which was based on legal grounds and not factual sufficiency.

But Crazy Texas is in the Crazy 5th Cir.....

IANAL, but it is my understanding that jeopardy generally attaches when a jury is empaneled, correct?

If that's the case, and a judge dismisses a count against a defendant AFTER the trial has started and a jury empaneled, is the dismissal, no matter how potentially improper, now unappealable?

[bob]

IANAL, but it is my understanding that jeopardy generally attaches when a jury is empaneled, correct?

If that's the case, and a judge dismisses a count against a defendant AFTER the trial has started and a jury empaneled, is the dismissal, no matter how potentially improper, now unappealable?

As always, "it depends." It would depend on the basis for the dismissal. Some are appealable, some are not.

Regardless, this was a pre-trial dismissal, so the prosecution may appeal. There may be an issue as to timing, i.e., now or at the end. And it may all go away with a guilty plea to a lesser charge.

[Kendra]

NEW: Feds charge Ralph Celentano of New York in Capitol riot case. He's accused of pushing police officer, causing officer to "fall over a ledge"

Photo sequence is included in charging document ==>

Seems like legitimate political discourse to me.

[Kendra]

Jacob Garcia arrested for storming the Capitol. His phone was registered to his mom, a police department school resource officer in Texas.

A bit moar at the link.

[Slim Cognito]

Because of course it was.

[Kendra]

HAPPENING NOW: Heated sentencing hearing in case of Jan. 6 defendant James Bonet.

DEFENSE LAWYER: Our president was inciting some people to do this.

JUDGE SULLIVAN: But that’s not a defense. The devil made me do it so I did it? That’s crazy.

[Slim Cognito]

The "devil" made me do it...?

Well played, your honor. Well played.