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DOJ Admits Prosecutors Are Holding Back Potentially Exculpatory Evidence Related to Jan. 6 Cases

DOJ Admits Prosecutors Are Holding Back Potentially Exculpatory Evidence Related to Jan. 6 Cases

The Department of Justice has provided one of the first documented concessions that prosecutors are withholding potentially exculpatory evidence in court cases concerning January 6 defendants.

Griffin, a county commissioner for Otero County, New Mexico, was arrested for Entering and Remaining in a Restricted Building and Disorderly and Disruptive Conduct in a Restricted Building, on January 19. The prosecution sought to waive the defendants’ right to a speedy trial.

TRENDING: WILL WE RESIST INSTITUTIONAL FRAUD OR SUBMIT TO THE RULING CLASS?

Channing D. Phillips, Acting United States Attorney, said more than 14,000 hours of documentary footage of the January 6 events are being kept out of the hands of defense attorneys as well as and the public.

This has a major impact on the case the United States v. Couy Griffin as well as other cases.

Griffin was arrested for Entering and Remaining in a Restricted Building and Disorderly and Disruptive Conduct in a Restricted Building, on January 19. Griffin is a county commissioner for Otero County, New Mexico.

Here’s why this potentially exculpatory footage matters:

The potentially exculpatory footage could also provide clues to potential FBI agents and other undercover officers working the extremist groups in the January 6 crowd. At least one undercover agent with the Metropolitan Police Department was confirmed by a Jan. 6 court filing…

The DOJ has not charged any of the 557 defendants with treason, insurrection, or an attempt to overthrow the government, a legal fact that stands in stark relief with the exaggerated claims being made by the U.S. government.

It has, however, still managed to have overcharged scores of defendants for felonies that are now being pleaded down to petty 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.”

The government’s reasoning on the continuance 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. The defense called the prosecution’s bluff. The U.S. attorneys did not want to give the defendant a speedy trial because they have other concerns.

“The same day, Defendant filed an opposition to the government’s motion, objecting to the 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 states.

The obvious issue is a complication arising over the matter of potentially exculpatory evidence within the more than 14,000 hours of archival footage and other documentary evidence related to the January 6th events at the capitol.

“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.

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There is already publicly available evidence of Capitol Police officers opening doors for attendees of the Electoral College protest, opening gates, posing for selfies, telling protesters to proceed as long as they remain peaceful, and watching unarmed rioters take over the Senate chambers and give speeches, despite outnumbering them.

Kyle Becker of Becker News concludes, “There is publicly available evidence of Capitol Police officers opening doors for attendees of the Electoral College protest, opening gates, posing for selfies, telling protesters to proceed as long as they remain peaceful, and watching unarmed rioters take over the Senate chambers and give speeches, despite outnumbering them.

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About The Author

Timothy Benton

Student of history, a journalist for the last 2 years. Specialize in Middle East History, more specifically modern history with the Israeli Palestinian conflict. Also, a political commentator has been a lifetime fan of politics.

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