Shouldn't This Evidence Already Be Available to Jan 6 Defense Attorneys?

Part of discovery is the defendant having the right to face their accusers.

To me, January 6th was a setup. How is the defense supposed to determine if there's evidence to support that if they are stonewalled by investigators in forking over their actions, video of the events, and their correspondence in the days prior, during, and after January 6th.

So it should be easy for them to turn this data over, as it should already be collected and prepared to stand up in PUBLIC trial.

Or are we trying these folks in a secret kangaroo stazi court?

www.theblaze.com...< br />

Capitol Police claim Jan. 6 emails and videos are not public records; assert 'sovereign immunity' to Judicial Watch suit

If these potentially vital pieces of evidence are not given to Jan. 6th defense teams, any current convictions should be thrown out and all pending trials have the charges dropped, immediately.

a reply to: GenerationGap

I really would like to know if there was a command center set up Jan, 6th. Would love to see the communications. And the calls placed to the Capitol Police on Jan 6th.

originally posted by: GenerationGap
Part of discovery is the defendant having the right to face their accusers.

To me, January 6th was a setup. How is the defense supposed to determine if there's evidence to support that if they are stonewalled by investigators in forking over their actions, video of the events, and their correspondence in the days prior, during, and after January 6th.

So it should be easy for them to turn this data over, as it should already be collected and prepared to stand up in PUBLIC trial.

Or are we trying these folks in a secret kangaroo stazi court?

www.theblaze.com...< br />

Capitol Police claim Jan. 6 emails and videos are not public records; assert 'sovereign immunity' to Judicial Watch suit

If these potentially vital pieces of evidence are not given to Jan. 6th defense teams, any current convictions should be thrown out and all pending trails have the charges dropped, immediately.

As far as I know, none of the defense teams are planning on using the “I was set up” defense, so they aren’t asking for this information.

Too bad they don’t have you for their lawyer; I’m sure it would work out much better for the defendants.

a reply to: 1947boomer

Plus they have the defendents own emails, text and in most cases their very own video. Most defendents are trying the "I got caught up in the info wars etc stuff and thought I was there to save the U.S." defense, so as you said they don't even need the security footage or texts.

"I was willing to fight for my freedom...
Now I'm just trying to get a plea deal... for my freedom..."

originally posted by: neutronflux
a reply to: GenerationGap

I really would like to know if there was a command center set up Jan, 6th. Would love to see the communications. And the calls placed to the Capitol Police on Jan 6th.

President Trump offered those things to Nancy Pelosi, and more, but she turned them down.

Big Red flag..

a reply to: frogs453

Bet all those "emails and texts" are planted BS and/or setup by crisis agents🤣

a reply to: xuenchen

Really? Yet not one defendant has claimed that. Not one yelled, it was a set up! Not one yelled Antifa made me do it. Some of them actually told friends and family to delete the texts, videos, etc. There's been quite a bit of whining and crying though. Stunned that they got fired or family won't talk to them.

So, we cannot believe any media, cannot believe the DOJ etc and we cannot believe the defendants themselves? That's quite a conspiracy.

Funny no similar claims have been made around here about anything that occurred last summer. The poor Patriots are the only ones that did absolutely nothing(even though many proudly posted videos and on social media about it)? They were set up or all bamboozled and hoodwinked? Hmmm kind of makes you wonder, they bought the whole stolen election thing too. So apparently since that is what brought them there to try to stop the electoral process, they were hoodwinked and bamboozled about that as well we can assume. Or they are smart enough to know there was fraud even though it has never been proven, yet they are dumb enough to be so very taken advantage of by the Feds or Antifa or whoever is to blame today. This trying to excuse them gets funnier by the day.

originally posted by: carewemust

originally posted by: neutronflux
a reply to: GenerationGap

I really would like to know if there was a command center set up Jan, 6th. Would love to see the communications. And the calls placed to the Capitol Police on Jan 6th.

President Trump offered those things to Nancy Pelosi, and more, but she turned them down.

Big Red flag..

Pics or it didn't happen.

a reply to: GenerationGap

So I rob a bank. I had texted my plans about robbing the bank prior. Before I rob the bank, I post that I am there and gonna get it done! Or I post after I rob the bank that I'm proud I did it! Also there is me either on video taken by 20 other people or myself.

When I go to court, I should expect my lawyer to ask for all the security communications from the bank? Why? They have me on video robbing the bank, what does whatever the security did that day affect my crime?

You honestly don't think let's say in the Rodriguez case of tazing Officer Fannone that they would not present that in court? If they do, you do understand that the defense lawyer will get a copy of that to review before trial?

originally posted by: 1947boomer

originally posted by: GenerationGap
Part of discovery is the defendant having the right to face their accusers.

To me, January 6th was a setup. How is the defense supposed to determine if there's evidence to support that if they are stonewalled by investigators in forking over their actions, video of the events, and their correspondence in the days prior, during, and after January 6th.

So it should be easy for them to turn this data over, as it should already be collected and prepared to stand up in PUBLIC trial.

Or are we trying these folks in a secret kangaroo stazi court?

www.theblaze.com...< br />

Capitol Police claim Jan. 6 emails and videos are not public records; assert 'sovereign immunity' to Judicial Watch suit

If these potentially vital pieces of evidence are not given to Jan. 6th defense teams, any current convictions should be thrown out and all pending trails have the charges dropped, immediately.

As far as I know, none of the defense teams are planning on using the “I was set up” defense, so they aren’t asking for this information.

Too bad they don’t have you for their lawyer; I’m sure it would work out much better for the defendants.

Fortunately, that isn't how the law works. The defense doesn't EVER have to ask the prosecution for everything it has, the prosecution is required to disclose and send every single bit of data it has on the case. Any case, anywhere in the USA, and at all times.

a reply to: NoCorruptionAllowed

In the majority of these cases they have video. Which I'm sure has been provided or even recovered from the defendants own phone. They do not have to dig into "super secret" stuff. You can bet that if they are using security video as evidence then by law the defense lawyer will get it. They only need to either provide what they are using to prosecute, or if the defense wants something they have to make a motion to be reviewed by the judge. Whatever they are seeking has to be relevant to that individuals crime. They can't go fishing.

I'll go search but I'm not aware of any of these types of motions presented in the cases so far.

ETA: one article was behind a paywall, but this one wasn't. Sometimes evidence is sealed so that the public cannot view it due to ongoing investigations etc. There has been requests by the prosecution to share the items with the defense team, and guess what? They were granted.

A federal judge in the District of Columbia will allow prosecutors to disclose sealed materials as "discovery" to a Jan. 6 Capitol defendant from Arkansas and his attorney. But those materials will still be subject to a protective order keeping them from public view.

Prosecutors filed a motion Tuesday requesting an order allowing them to disclose items protected by Federal Rule of Criminal Procedure 6(e) and sealed materials as discovery in the case.

They also asked that the order be made applicable to "co-defendants who may later be joined."

U.S. District Judge Christopher R. Cooper granted all three requests in an order Thursday.

Eagle Observer

a reply to: frogs453

May I say? Law has been illegally listening in, watching, taping...without warrants. This is how they gather info....OTHER info...gleamed from listening in...and build info around that.

Should get a warrant...dont need a warrant, nada. Because you arent using any info other than bits n clicks....theyll find that evidence then...find another way to get it....but deny they ever listened in.

Every day. Youd never know. Get a snitch to talk by shakedown. Does it matter if he hollers? No. Theyll deny...find another was legally to gain that info to make it stick.

a reply to: GenerationGap
Being made whole again;
restitution

Who Is Eligible for Restitution?

Victims of crime who can show financial losses are eligible to receive restitution in criminal cases. Judges often order restitution to be paid in cases where victims suffered some kind of financial setback as the result of the crime. For example:

A graffiti artist who spray-paints the side of a home may be ordered to reimburse the homeowners.

A robber who broke his victim's arm in a robbery may be ordered to compensate the victim for his medical expenses.

A crime victim can also seek money damages by suing the offender in civil court.

is sovereign immunity like saying national security?

🙏❤

a reply to: frogs453

So will the defense get this information after they've sat rotting in jail while their right to a speedy trial is ignored for another year or two?

Why do we have murderers, some who are not in the country legally, being released on bail after killing multiple people while trespassers are rotting in jail indefinitely and denied bail?

Why is this okay, because they're the other side?

We have hundreds of rioters back on the street having been arrested and released multiple times, with their charges dropped.

This is pure political theater and it's disgusting that the liberals who want criminal justice reform are just letting this brazen abuse go unchallenged. It's disgusting that no Republican has the spine to go nuclear on this, but what can we expect from those invertebrates.

a reply to: Ksihkehe

You do realize that the trespassers who were not violent or didn't have weapons, etc were not sitting in jail? Judges have allowed them to go to Mexico on vacation, travel to other states for football games, weddings, etc.

Now, if they violate the rules set forth, such as these people noted below, some were remanded to jail, yet surprisingly one woman who got drunk, drove, got an an accident that killed the other driver, is still on pretrial release.

Also, people have waited years for trial. It is not uncommon. The court system may be backed up, the defense may have numerous pretrial motions. There has been a lot of court activity with these defendants. You could find a reporter that's following the cases as they occur to see what's happening. I do.

A common theme of pretrial release violations in the Jan. 6 cases has been defendants reluctant to give up their access to firearms. At least two people have been accused of trying to interfere with potential witnesses. In the latest case where the government wants a defendant placed in custody, prosecutors claimed that William Norwood III of South Carolina tried to pressure his estranged wife to lie.

In early December, police officers responding to a call of a suicide threat encountered Grant intoxicated in a car, according to the government; they found an assault rifle and 60 rounds of ammunition in the vehicle. The pretrial supervision office had previously alerted the court that Grant tested positive twice for amphetamines after being allowed to go home. The prosecutor also noted that before Grant’s arrest in the Jan. 6 case, he’d been charged in September with driving under the influence and carrying a concealed firearm; that case is pending.

there are more than 550 defendants with active cases on pretrial release. 

Buzzfeed


ETA: As for the Justice system itself? Yeah changes need to occur. You do have people released who shouldn't be. You also have people who've been locked up for years that shouldn't be, conditions in prison that are not good. This has long been known for most people, but now there is this sudden outrage. Guess as it affected a different group of people most didn't really care.