Assault on the Capitol (DC)

User avatar
Maybenaut
Posts: 2914
Joined: Mon Feb 22, 2021 10:07 am
Location: Maybelot
Verified: ✅✅

Re: Assault on the Capitol (DC)

#226

Post by Maybenaut »

somerset wrote: Thu Mar 11, 2021 3:44 pm
A question for the IAALs (and especially the IAACrLs) here - Is there even any possibility of this case being transferred away from Washington DC? I'd think not, but an opinion from the professionals would be good.
Rule 21 of the Federal Rules of Criminal Procedure require transfer to another district where
the court is satisfied that so great a prejudice against the defendant exists in the transferring district that the defendant cannot obtain a fair and impartial trial there.
Even if the Court funds transfer is required, it doesn’t necessarily mean she gets to be tried in Texas. The government might offer some other place as a proper venue.
"Hey! We left this England place because it was bogus, and if we don't get some cool rules ourselves, pronto, we'll just be bogus too!" -- Thomas Jefferson
User avatar
Slim Cognito
Posts: 7533
Joined: Mon Feb 22, 2021 9:15 am
Location: The eff away from trump.
Occupation: Hats. I do hats.
Verified:

Re: Assault on the Capitol (DC)

#227

Post by Slim Cognito »

Is there another side to the coin, as in, "I want to be tried in an area where the jury pool will mostly consist of people who hate Nancy Pelosi and Mike Pence so I'll be sure NOT to be convicted?" cuz that seems like it could be a problem for victims.
May the bridges I burn light my way.

ImageImageImage x5
User avatar
Maybenaut
Posts: 2914
Joined: Mon Feb 22, 2021 10:07 am
Location: Maybelot
Verified: ✅✅

Re: Assault on the Capitol (DC)

#228

Post by Maybenaut »

Slim Cognito wrote: Thu Mar 11, 2021 5:34 pm Is there another side to the coin, as in, "I want to be tried in an area where the jury pool will mostly consist of people who hate Nancy Pelosi and Mike Pence so I'll be sure NOT to be convicted?" cuz that seems like it could be a problem for victims.
I think that’s exactly what she’s trying to do. Maybe the Court will say, fine, we’ll move the trial, but now it’s going to be in Virginia. I’d be OK with a trial in Alexandria.
"Hey! We left this England place because it was bogus, and if we don't get some cool rules ourselves, pronto, we'll just be bogus too!" -- Thomas Jefferson
User avatar
neeneko
Posts: 1463
Joined: Tue Feb 23, 2021 9:32 am

Re: Assault on the Capitol (DC)

#229

Post by neeneko »

somerset wrote: Thu Mar 11, 2021 3:44 pm
LM K wrote: Thu Mar 11, 2021 3:39 pm
"The facts of this case center around Donald Trump and his supporters. The evidence, in this case, is emotionally political in every respect," Medvin wrote, adding that the jury would be "the most politically prejudiced jury in the entire country."

Cudd has, on multiple occasions, claimed that she is a victim of "cancel culture." This was echoed by her lawyer, Medvin, who said that potential jurors would face "social pressure" to "punish Cudd for being politically incorrect" and that any verdict "could be readily based on pretrial media affiliation of Ms. Cudd with 'white supremacy.'"
So if she actually believed the whole 'stolen election -> landslide' thing, would it not be irrelevant where she was tried since everywhere is pro-trump?
User avatar
Chilidog
Posts: 2159
Joined: Mon Feb 22, 2021 4:36 pm

Re: Assault on the Capitol (DC)

#230

Post by Chilidog »

Kendra wrote: Thu Mar 11, 2021 10:23 am Good.

Oh, and until I find a Merrick Garland thread (still drinking coffee and waking up), I'll just stick this here.


Exclusive footage of AG Garland's arrival at DOJ
I could watch this all day.
what’s with the gratuitous gluteus shots?
User avatar
Kendra
Posts: 11280
Joined: Tue Feb 23, 2021 10:17 am

Re: Assault on the Capitol (DC)

#231

Post by Kendra »

Been a while since I've watched an older Travolta movie, but wouldn't those kinds of shots be SOP?
User avatar
much ado
Posts: 1575
Joined: Mon Feb 22, 2021 1:42 pm
Location: The Left Coast

Re: Assault on the Capitol (DC)

#232

Post by much ado »

The Romans had a saying...

Glutei gratia gluteorum.

Butts for the sake of butts.
somerset
Posts: 788
Joined: Mon Feb 22, 2021 12:06 pm
Occupation: Lab Rat

Re: Assault on the Capitol (DC)

#233

Post by somerset »

Maybenaut wrote: Thu Mar 11, 2021 3:56 pm
somerset wrote: Thu Mar 11, 2021 3:44 pm
A question for the IAALs (and especially the IAACrLs) here - Is there even any possibility of this case being transferred away from Washington DC? I'd think not, but an opinion from the professionals would be good.
Rule 21 of the Federal Rules of Criminal Procedure require transfer to another district where
the court is satisfied that so great a prejudice against the defendant exists in the transferring district that the defendant cannot obtain a fair and impartial trial there.
Even if the Court funds transfer is required, it doesn’t necessarily mean she gets to be tried in Texas. The government might offer some other place as a proper venue.
Thanks Maybenaut! It will be interesting to see how this plays out.
User avatar
Suranis
Posts: 6894
Joined: Mon Feb 22, 2021 5:25 pm

Re: Assault on the Capitol (DC)

#234

Post by Suranis »

I'm sure she will get an impartial Jury in Scranton Delaware. :twisted:
Hic sunt dracones
User avatar
Frater I*I
Posts: 3637
Joined: Mon Feb 22, 2021 10:52 am
Location: City of Dis, Seventh Circle of Hell
Occupation: Certificated A&P Mechanic
Verified: ✅Verified Devilish Hyena
Contact:

Re: Assault on the Capitol (DC)

#235

Post by Frater I*I »

Suranis wrote: Thu Mar 11, 2021 8:12 pm I'm sure she will get an impartial Jury in Scranton Delaware. :twisted:
Scranton is in Pennsylvania...my parents are from the area...
"He sewed his eyes shut because he is afraid to see, He tries to tell me what I put inside of me
He's got the answers to ease my curiosity, He dreamed a god up and called it Christianity"

Trent Reznor
User avatar
tek
Posts: 2408
Joined: Mon Feb 22, 2021 10:15 am

Re: Assault on the Capitol (DC)

#236

Post by tek »

Today, we are all Scranton
User avatar
fierceredpanda
Posts: 590
Joined: Mon Mar 01, 2021 12:11 pm
Location: BAR Headquarters - Turn left at the portrait of George III
Occupation: Criminal defense attorney. I am not your lawyer. My posts != legal advice.

Re: Assault on the Capitol (DC)

#237

Post by fierceredpanda »

WaPo: DOJ seeks to build large conspiracy case against Oath Keepers for Jan. 6 riot
The Justice Department and FBI are gathering evidence to try to build a large conspiracy indictment against members of the Oath Keepers for their roles in the Jan. 6 riot at the U.S. Capitol, according to people familiar with the matter, but the group’s sometimes fractious and fantasy-laden internal workings may complicate efforts to bring such a case.

In the wake of the short-lived insurrection, the Oath Keepers is the most high-profile self-styled militia group in the country. While members use the jargon and trappings of a paramilitary organization, in daily practice the group is often more akin to a collection of local chapters with a similar, disinformation-fueled ideology about what they view as the inevitable collapse of the U.S. government as it becomes more tyrannical.

The Oath Keepers group is a major target of the sprawling FBI investigation into the riot at the U.S. Capitol, along with another militant group, the Proud Boys, according to the people familiar with the matter, who spoke on the condition of anonymity to discuss an ongoing investigation. How aggressively the Justice Department pursues such extremists will be a major test not only of the Biden administration’s pledge to combat domestic terrorism, but also the law and the courts.

Twelve alleged Oath Keepers members or associates have already been arrested on charges related to the Jan. 6 riot. In court documents, the group’s founder, Stewart Rhodes, is usually referred to not by name but as “Person One.” The people familiar with the case said agents are working to see if a conspiracy case can be made against Rhodes and other senior members of the group.
"There's no play here. There's no angle. There's no champagne room. I'm not a miracle worker, I'm a janitor. The math on this is simple. The smaller the mess, the easier it is for me to clean up." -Michael Clayton
User avatar
bill_g
Posts: 7224
Joined: Mon Feb 22, 2021 5:52 pm
Location: Portland OR
Occupation: Retired (kind of)
Verified: ✅ Checked Republic ✓ ᵛᵉʳᶦᶠᶦᵉᵈ

Re: Assault on the Capitol (DC)

#238

Post by bill_g »

AndyinPA wrote: Thu Mar 11, 2021 11:11 am https://www.msn.com/en-us/news/politics ... li=BBnb7Kz
Jenny Cudd, 36, a florist and former mayoral candidate from Midland, Texas, notoriously bragged on a Facebook Live stream about storming the Capitol on Jan. 6.

In the live stream, she said that "we (broke) down Nancy Pelosi's door." She also declared that she was "proud of (her) actions" while praising and defending Trump, her fellow "patriots," and "the patriot party."

According to court documents seen by Insider, Cudd is requesting a change of trial venue "due to significant prejudice in the District of Columbia." She is now requesting for the case to be moved to western Texas so that she can have a "fair and impartial trial."

Defendants are usually required by law to be tried in the state where the crime occurred.
Yeah. She wants to change the venue from one highly prejudiced jury pool to another highly prejudiced jury pool.

Ya know Jenny, you might want to tuck your blouse in a little. Your WP is showing.
User avatar
Volkonski
Posts: 12484
Joined: Mon Feb 22, 2021 11:06 am
Location: Texoma and North Fork of Long Island
Occupation: Retired mechanical engineer
Verified:

Re: Assault on the Capitol (DC)

#239

Post by Volkonski »



Ken Bensinger
@kenbensinger
·
9h
In new filing, DoJ says it expects to charge at least 100 additional people for the events of Jan. 6, in addition to the more than 300 who have already been charged

"The investigation and prosecution of the Capitol Attack will likely be one of the largest in American history"
“If everyone fought for their own convictions there would be no war.” ― Leo Tolstoy, War and Peace
User avatar
Foggy
Dick Tater
Posts: 11421
Joined: Mon Feb 22, 2021 8:45 am
Location: Fogbow HQ
Occupation: Dick Tater/Space Cadet
Verified: grumpy ol' geezer

Re: Assault on the Capitol (DC)

#240

Post by Foggy »

"The investigation and prosecution of the Capitol Attack will likely be one of the largest in American history."
And rightly so. I think the Democrats should do with January 6th what the Republicans did with Benghazi. IIRC, there were nine separate Congressional investigations, and one of the QOP critters said that even though none of them resulted in finding that Hillary Clinton did anything wrong, the cumulative effect was that we ended up with a deranged moron in the White House for four years.

'Course, all the people from Antifa who were in the Capitol should just be ignored. :stars:
User avatar
AndyinPA
Posts: 10873
Joined: Mon Feb 22, 2021 10:42 am
Location: Pittsburgh
Verified:

Re: Assault on the Capitol (DC)

#241

Post by AndyinPA »

They just arrested another local guy (next county) here today. Keep it up.
"Choose your leaders with wisdom and forethought. To be led by a coward is to be controlled by all that the coward fears… To be led by a liar is to ask to be told lies." -Octavia E. Butler
User avatar
Kendra
Posts: 11280
Joined: Tue Feb 23, 2021 10:17 am

Re: Assault on the Capitol (DC)

#242

Post by Kendra »

https://www.buzzfeednews.com/article/zo ... tion-cases
Prosecutors Expect To Start Offering Plea Deals To Alleged Capitol Rioters In The Next 30 Days
Plea deals would mean a swifter resolution of the hundreds of Capitol riot prosecutions, and could reveal which defendants are cooperating with the investigation.
User avatar
AndyinPA
Posts: 10873
Joined: Mon Feb 22, 2021 10:42 am
Location: Pittsburgh
Verified:

Re: Assault on the Capitol (DC)

#243

Post by AndyinPA »

https://www.washingtonpost.com/national ... story.html
The Justice Department and FBI are gathering evidence to try to build a large conspiracy indictment against members of the Oath Keepers for their roles in the Jan. 6 riot at the U.S. Capitol, according to people familiar with the matter, but the group’s sometimes fractious and fantasy-laden internal workings may complicate efforts to bring such a case.

In a Friday morning filing, prosecutors spelled out the gargantuan scope of the case, saying the “investigation and prosecution of the Capitol Attack will likely be one of the largest in American history, both in terms of the number of defendants prosecuted and the nature and volume of the evidence.”
"Choose your leaders with wisdom and forethought. To be led by a coward is to be controlled by all that the coward fears… To be led by a liar is to ask to be told lies." -Octavia E. Butler
User avatar
tencats
Posts: 148
Joined: Mon Feb 22, 2021 6:32 pm

Re: Assault on the Capitol (DC)

#244

Post by tencats »

Massive investigation: DOJ seeks more time to prepare Capitol riot cases
320 charged. 900 search warrants. 15,000 hours of surveillance tape. And they're not done yet.
March 12, 2021, 11:33 AM CST | https://www.nbcnews.com/politics/congre ... s-n1260942
WASHINGTON — The Justice Department asked a federal judge Friday for more time to investigate the Capitol riot before having to proceed to trial in several cases, including the prosecution of nine people accused of being followers or members of the Oath Keepers and joining in the attack.

"The investigation and prosecution of the Capitol attack will likely be one of the largest in American history," a court filing said, both in terms of the number of defendants and the sheer volume of evidence. The failure to get more time to prepare the case "would be likely to make a continuation of this proceeding impossible, or result in a miscarriage of justice."

A Justice Department official said 320 people have been charged so far, and the Friday court filing said prosecutors expect that charges will be filed against at least 100 more.

The court document also disclosed new details about the sprawling nature of the riot investigation.

More than 900 search warrants have been executed in nearly all 50 states and Washington, D.C. And investigators have received a huge volume of material, including more than 15,000 hours of surveillance and police body camera video, 1,600 electronic devices, more than 80,000 reports of interviews with witnesses and suspects, and more than 210,000 tips from members of the public.
User avatar
LM K
Posts: 3144
Joined: Mon Feb 22, 2021 7:44 pm
Location: Oregon
Occupation: Professor Shrinky Lady, brainwashing young adults daily!
Contact:

Re: Assault on the Capitol (DC)

#245

Post by LM K »

Maybenaut wrote: Thu Mar 11, 2021 3:56 pm
somerset wrote: Thu Mar 11, 2021 3:44 pm
A question for the IAALs (and especially the IAACrLs) here - Is there even any possibility of this case being transferred away from Washington DC? I'd think not, but an opinion from the professionals would be good.
Rule 21 of the Federal Rules of Criminal Procedure require transfer to another district where
the court is satisfied that so great a prejudice against the defendant exists in the transferring district that the defendant cannot obtain a fair and impartial trial there.
Even if the Court funds transfer is required, it doesn’t necessarily mean she gets to be tried in Texas. The government might offer some other place as a proper venue.
Wouldn't this open up a can of worms? We'd have over 400 folks requesting to have a change of venue.
"The jungle is no place for a cellist."
From "Take the Money and Run"
User avatar
Maybenaut
Posts: 2914
Joined: Mon Feb 22, 2021 10:07 am
Location: Maybelot
Verified: ✅✅

Re: Assault on the Capitol (DC)

#246

Post by Maybenaut »

LM K wrote: Fri Mar 12, 2021 3:24 pm Wouldn't this open up a can of worms? We'd have over 400 folks requesting to have a change of venue.
I am interested to see how the DOJ handles this. 300 charged so far and another 100 possible, as I understand it. Many will plead guilty, but many won’t. Then they’ll have to decide how to group them (I doubt each person is going to get a separate trial). I imagine that they’ll try to find things in common - like those folks who all communicated with each other before, during and after. Or people who can all be seen in the same video. I’m speculating, obviously, but whatever DOJ does, it will likely have some logic behind it.
"Hey! We left this England place because it was bogus, and if we don't get some cool rules ourselves, pronto, we'll just be bogus too!" -- Thomas Jefferson
User avatar
noblepa
Posts: 2621
Joined: Mon Feb 22, 2021 2:55 pm
Location: Bay Village, Ohio
Occupation: Retired IT Nerd

Re: Assault on the Capitol (DC)

#247

Post by noblepa »

Maybenaut wrote: Fri Mar 12, 2021 3:43 pm
LM K wrote: Fri Mar 12, 2021 3:24 pm Wouldn't this open up a can of worms? We'd have over 400 folks requesting to have a change of venue.
I am interested to see how the DOJ handles this. 300 charged so far and another 100 possible, as I understand it. Many will plead guilty, but many won’t. Then they’ll have to decide how to group them (I doubt each person is going to get a separate trial). I imagine that they’ll try to find things in common - like those folks who all communicated with each other before, during and after. Or people who can all be seen in the same video. I’m speculating, obviously, but whatever DOJ does, it will likely have some logic behind it.

Wouldn't this be evidence of conspiracy? So, in addition to being guilty of the crimes involved, a charge (or charges) of conspiracy to commit those crimes could be added, potentially lengthening their sentences.
User avatar
Kendra
Posts: 11280
Joined: Tue Feb 23, 2021 10:17 am

Re: Assault on the Capitol (DC)

#248

Post by Kendra »

A group trial sounds kinda scary. Look at all the cray-cray that came out of the Bundy trials.
User avatar
much ado
Posts: 1575
Joined: Mon Feb 22, 2021 1:42 pm
Location: The Left Coast

Re: Assault on the Capitol (DC)

#249

Post by much ado »

Is there any rough estimate of the number of rioters who actually entered the Capitol? I wonder what percentage will be charged.
User avatar
neonzx
Posts: 7548
Joined: Mon Feb 22, 2021 11:01 am
Location: FloriDUH Hell
Verified: 🤩✅✅✅✅✅🤩

Re: Assault on the Capitol (DC)

#250

Post by neonzx »

much ado wrote: Fri Mar 12, 2021 3:50 pm Is there any rough estimate of the number of rioters who actually entered the Capitol? I wonder what percentage will be charged.
Wikipedia:
https://en.wikipedia.org/wiki/2021_stor ... anEste-206
Federal officials estimate that about 10,000 rioters entered the Capitol grounds,[206] and more than 800 breached the building.[206]
https://www.washingtonpost.com/politics ... QPIR2KSASQ
Post Reply

Return to “The January 6 Insurrection, including Criminal Cases”