It has been long suggested that the January 6 defendants who have been put through hell in jail cells for over six months, beaten, hogtied, and humiliated by guards, many of them in solitary confinement, and most for misdemeanor charges, have had their due process and Constitutional rights denied them.

The Department of Justice (DOJ) has produced one of the first documented admissions that prosecutors are withholding potentially exculpatory evidence in court cases concerning the January 6 defendants.

On Monday, acting US Attorney Channing Phillips implied that this is the motivation behind not releasing the over 14,000 hours of video footage of the January 6 events to defense attorneys and the public in United States v. Couy Griffin.

The defendant was released on his own recognizance on February 5, 2021. He sat for 17 days in jail for a pair of misdemeanors. Put that into perspective by realizing Kamala Harris supported an organization that collected donations to bail out felony looters and rioters during the summer of 2020 nightly riots so that people who set buildings on fire, stole from stores and other businesses didn’t spend a single full night in jail.

According to a court filing, on March 18, 2021, the United States filed a motion for a 60-day continuance of the proceeding.

The government’s reasoning on its motion was that the Capitol Breach investigation was so complex and sweeping that it would “make the immediate legal proceeding impossible, or result in a miscarriage of justice,” the prosecutors argued. A miscarriage of justice walking through the Capitol building taking photos.

The defense called the prosecution’s bluff. The US attorneys did not want to give the defendant a speedy trial because they have other areas of concern.

“The same day, Defendant filed an opposition to the government’s motion, objecting to tolling of his constitutional and statutory rights to a speedy trial. Defendant asserted that there was nothing complex about his case, which ‘actually involves pictures of [him] with a bullhorn on the Capitol steps,’ argued that the government had mischaracterized its own ‘logistical and manpower burdens’ as a complexity created by the case itself, and essentially accused the government of weaponizing the STA ‘to strategically manage which trials and cases it wishes to put forward to the public first’,” the court filing reads.

Due process dictates that the prosecution must provide any exculpatory evidence it finds against a defendant, and yet the politicized and crooked DOJ has refused to comply. The problem here is that the DOJ refuses to hand over potential exculpatory evidence to be discovered in the over 14,000 hours of video documentary footage of the events that took place at the Capitol building on January 6.

“Although we are aware that we possess some information that the defense may view as supportive of arguments that law enforcement authorized defendants (including Defendant) to enter the restricted grounds, e.g., images of officers hugging or fist bumping rioters, posing for photos with rioters, and moving bike racks, we are not in a position to state whether we have identified all such information,” Acting United States Attorney Channing D. Phillips writes. Can you believe that? The DOJ says they are not ready to state they have viewed all the footage and therefore they are not going to hand over the possible exculpatory evidence. What country is this?

I have watched video of Capitol Police opening the doors and waiving protesters through and other video of Capitol Police removing barricades out of the way and waiving people through to go enter the building. The police told protesters to proceed so long as they remain peaceful.

The 14,000 hours of video could also provide some insight into undercover police and FBI agents and FBI informants working in the crowd with extremist groups on January 6. At least one undercover agent with the Metro Police was confirmed in a court filing.

“An accused US Capitol protester spoke with an undercover Washington police officer on Jan. 6 who later connected the man to an undercover FBI worker,” the Epoch Times reported.

It appears more and more that what we have here is a massive government cover up. You don’t withhold due process rights, exculpatory evidence, and hold misdemeanor defendants in jail for half a year, and many in solitary confinement, unless the government is exploiting the situation for political purposes, which seems to be the case.

None of the over 500 defendants have been charged with anything like insurrection, treason, or an act to overthrow the government and that’s because that’s not what happened by all accounts we know of watching video that did make it out of the clutches of biased, corrupt prosecutors.

The government has charged many of the defendants with exaggerated felonies which are being knocked down to misdemeanors.

“So far, at least 30 defendants have pleaded guilty,” CBS News reported on Wednesday. “At least 24 have pleaded guilty to misdemeanors only, while six have pleaded guilty to felonies.”

“What is obvious now in hindsight is that the Biden Justice Department prosecutors sought and obtained felony charges in many cases based on almost no meaningful review of actual evidence about what happened; it used fear and hysteria to justify doing so,” Shipwreckedcrew of Human Events observes. “Now they are being pressed to provide the evidence that is supposed to support the felony charges they brought, and are unable to do so in the timeframe required by law. So they are abandoning the cases on the best possible outcome available—the least serious of all federal crimes, ‘petty’ misdemeanors.”

Did you get that? Prosecutors overcharged January 6 defendants in order to keep them in jail and when the time came to put up or shut up with evidence that supports the charges, they had to do the latter, because there is no evidence to support such charges. This is one of the biggest problems with corrupt governments. Agents do things outside the boundaries of law and due process knowing they will never face any kind of reprimand. Meanwhile, people have been sitting in jail cells for a very long time over charges that dictate they never should have spent a single night in jail.

“Now that the DOJ has gone down the path of exchanging guilty pleas to misdemeanors for some defendants charged with felonies, it will become more difficult to not do the same for a much larger number of defendants where the facts are substantially the same,” the Human Events piece added.

Meanwhile, corrupt Democrat members of Congress continue to hype the events of January 6 as the worst thing to happen in the Capitol since the War of 1812 (their words, not mine) proving that not only are they crooked as the DC Beltway, but they have no working knowledge of the history of the very building in which they work.

Daniel

Daniel is a conservative syndicated opinion writer and amateur theologian. He writes about topics of politics, culture, freedom, and faith.

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40 comments

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  • The DOJ and FBI ARE enemies of the state, terrorists and a pieces of trash.
    This world would be better without them…I pray God takes them out soon if they don’t repent. If they even know what repent means.

  • Normally I’d say that prosecutors who withhold exculpatory evidence should face the same MAX penalties their victims faced, up to and including the death penalty. But when it’s wholesale and part of a plot to demonize a political party, perhaps the Tree of Liberty is a more appropriate solution after their conviction.

    • I agree totally and all of the leftist Marxist’s that assumed power after the election steal need to be arrested and put into solitary confinement somewhere like Gitmo until their trial comes up on the docket.

      • That won’t happen because the Marxists and un-American anti-Constitutionalists are the ones in charge. We are no longer citizens but enslaved subjects of the elite political aristocracy.

  • how in the hell did we let these alphabet agencies go so far outside the law? this is definitely a YUGE COVER UP going on and we MUST get the truth…this no due process and exculpatory evidence (which is required by law) is OUTRAGEOUS, DISHONEST AND UNCONSTITUTIONAL

    • We the People didn’t let this happen. It started with Obama and his misuse of both the FBI and the DOJ. Obama sent his main squeeze to Ferguson to stir the pot and use the DOJ instead of the local police to arrest and charge those responsible for the death and riots,looting and Arson that followed. Sippycup Joe is just following to the letter of what Obama started. Justice in this country became a joke under Obama and had Trump won instead of the loaded ballots that got Sippycup Joe in none of this would be happening. The Liberal Democrats must use every dirty trick known to politicians to keep everyone’s attention away from the fact that several states are now working to reverse the 2020 election and have a new election without the mail in ballots and using Voter ID to stop Illegals the dead and others from voting several times. The Liberal Democrats know their time is limited to destroy this country so they have to keep up this garbage hoping that most won’t see or understand exactly what they are doing. The so called Infistructor bill is loaded with bullshit. It’s going to give all those Illegals Sippycup Joe has been sending to every state not just immediate Citizenship but also the right to vote plus it basically makes voter ID illegal under Federal Law. Out of the 3.2 Trillion only about 200 Billion is going to fix roads and bridges. The rest goes for the Democrats pet projects which means that most goes right back into the pockets of the Liberal Democrats in Congress by way of stocks,bonds,houses,properties and who knows what else. This is why and how members of Congress become multimillionaires in such a short time.

      • I will go further back than Obama. It goes all the way back to the Clinton years. The Weaver’s sued the FBI back in the nineties. Even Koresh’s followers sued the government. They all won. They knew they would be sued. It doesn’t matter if the government is right. Look at the moratorium that Biden just put in place on real estate. He knows it’s illegal and does it anyway. When they get sued afterword, they quietly pay it out of our tax dollars. Everything they do is for optics.

      • Excellent and highly accurate comment. Thanks for posting.

        Will this be resolved in our lifetime? Or will the goal of the Chinese Communist Party be realized. We need a strong pushback before they arrive, and be well armed if they do start landing on our shores in greater numbers than they already have.

  • These patriots must be released and immediately file a class action lawsuit against the Capitol Police, the FBI, the DOJ and corrupt NASTY Pelosi. Their 6 month incarceration without benefit of counsel, physically abuse at the hands of their jailers and being refused a speedy trial are absolutely anti- Constitutional violations of our laws. These patriots were understandably upset with the stolen election, were for the most part peaceful and just wanted to have their grievances addressed as is permitted by our Bill of Rights. IMHO these patriots have a great case against the corrupt nazicrats in charge of our Country!

  • It’s time we Americans held our government officials accountable and prosecuted those that are corrupt and ignore the law. This will not happen by itself, we must stand up and demand reform. If we work together we are to large a voice to be ignored. The time has come to take back our country!

  • Sippycup Joe’s entire administration is a joke. The FBI has become his personal witch hunters who are now tasked with finding anything against anyone to put them in jail until they can make up even more fake crimes against them. The so called Justice Dept. has become the SS of Hitler days by jailing anyone and everyone they can recognize from those 14,000 hours of video then they throw them into limbo without charging them. Sadly the longer this fake President resides in our White House the worse this is going to get. More and more information is coming out from more and more states each week showing that Sippycup Joe and the Ho did not win the 2020 election. We the People must not shy away from demanding the truth and demanding that the entire January 6th protest be put to rest and everyone still held be released without them ever being charged or harrassed and those that pled to crimes be expunged and never be charged with anything related to that day. Further more we must demand that those responsible for the Riots that happened around the country be found,charged and thrown into Prison for a minimum of 25 to life. Those that took part in those Riots are in fact Domestic Terrorists and the 25 to life sentence is exactly what Terrorists should receive. If they get released they should be stripped of their Citizenship and sent to whatever country will allow them entrance.

  • They had to offer something to these spineless Republicans. One must wonder what it would take to sell out our Country. The bill was twice the size of the Bible. 2,700 pages. Don’t tell me they read the bill. How many more bills get passed without reading? They are spending us into oblivion. The Dems have no conscience. And to think I was a Democratic for years. Working construction in Chicago. I’m ashamed to say I would claim “ A working man voting for a Republican is like a chicken voting for Colonel Sanders.” I’m sooo Sorry.

  • These are harassment arrests intended to frighten and intimidate the defendant with the massive power of the system. Justice is served here only in the Orwellian sense. As pointed out by the defendant and the article the charges have little real substance and are therefore being used as a bureaucratic cudgel to ruin his reputation, deprive him of his freedom, lose him his job and complicate his life.

    As long as we have a constitution this process works both ways though and he is doing the right thing by claiming and preserving his rights (“rights not claimed are assumed to be waived”), which sets up his case as an appeal beyond what will undoubtedly be an unfair trial. He will have to navigate the next step in the process though which is that the prosecution will offer him some “sweet deal” to settle the charges and go away — for him, for the rest of the defendants and for us, patriots (who will be similarly charged if this tyranny is allowed to continue), this would be a mistake. These defendants, all, need to claim and preserve their rights, appealing to the highest level (I appealed an “infraction” to the Supreme Court); this will turn the tables, aborting this unjust and completely political prosecution, tying THEM up for years.

    • Good point. With the behavior of the Biden Administration (not him personally because he is essentially incapacitated and a puppet), the Pelosi controlled House and the Deep State we are certainly seeing “1984” being realized.

  • Those prison guards or jailers that are mistreating these people should be arrested and sent to prison for at least 15 yes maybe they will learn that they are not above the law it is an injustice what the are doing,pelosi is really involved in this also she must be taken out of congress and find and jailed. What a bunch of crooked lawmakers

  • Pedo Joe is trying to be just like Obozo. Americans need to remove him, the Ho and all DC Democraps. They all deserve a NOOSE. That includes Obozo who is a PROVEN by his own hand to be a TRAITOR in a War he and all Democraps voted for.

  • I hope to hell that Garland received a Class action lawsuit for his criminal violation of the US Constitution followed by impeachment, lost of law license, and permanently banned from holding any federal office or post.

  • Who killed Ashli Babbit and why
    She was un armed ! And why did capital police fire on the trump supports ! That in its self is unlawful! The capital police should be the ones on trail for harming the peaceful people that were there to show support for trump !

  • The atrocities range from antifa’s and blm’s fascist actions all the way up to Obiden’s lap dog DOJ!

  • Good article Sir. I KNEW from watching a short video a couple days following Jan 6 that a couple guys were let in by the police. Now you have said several more were as well. Clearly, no insurrection, and the eventual convictions to misdemeanors prove this. And yet, the sorry, lyin’ media and the Pelosi B keeps naming this an insurrection in public. Democrats are evil and no doubt, they’re All going to Hell! I just hope the good Lord just lets me watch them all step off the drop-off and cheer!

  • Let them go. If you want treasonous people, go after Antifa, BLM, DNC, Voting Precinct managers, Joe Biden, Nancy Pelosi, Dr Fauci, DOJ, and FBI.

    They will keep you busy.

  • Everything biden and his cohorts touch is either anti american..corrupt..unlawful or just plain stupid…and they are constantly distorting the facts or expecting us to believe their lies…

    • Biden is probably ignorant or all these misbehaviors. He is largely incapacitated and just taking orders from leftwing activists skulking in the WH shadows. People who voted for Biden/Harris because they were tricked into hating Trump will come to regret their choice.

  • Then we need to ask democrats for money to burn down democrat donators companies and beat democrats with bats and rocks too. if they do not then we file discrimination charges.

  • This is how a police state dictatorship operates. The Dems and their mainstream (fake news) co-conspirators accused Trump and his supporters of being Nazis, the Biden administration is truly acting in that spirit. Did you really vote for this? Someone did.

  • Time to take down the Marxist Regime created by the Democrats, arrest, prosecute and execute the leaders of the DOJ, FBI, Pelosi and her followers

  • Kamala Harris should 1st be impeached,then held for trial for starting the go fund me page to get all the rioters and looters out of jail!!! She has no clue what her job job is I guess from to many years of smoking dope fight vp????