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DOJ takes on the Jan. 6 Tucker Carlson tapes
Posted on 3/8/23 at 1:12 pm
Posted on 3/8/23 at 1:12 pm
Prosecutors emphasized that defendants and their lawyers have had access to an enormous trove of evidence for nearly two years.
“The United States does not know the extent of any material that a member of the legislative branch purportedly provided to other individuals,” Assistant U.S. Attorney Sean McCauley wrote in a court filing connected to prominent Jan. 6 defendant Ryan Nichols. “This Court should not commit to an indefinite trial extension for this Defendant, or for any defendants, based on the unsupported allegation that pertinent information may exist somewhere, but is not currently known to either the prosecution or the defense.”
The filings are the first effort by the Justice Department to place limits on any potential efforts by Jan. 6 defendants to use the newly disclosed footage to prolong their criminal proceedings. Nichols’ attorney, Joseph McBride, urged U.S. District Court Judge Royce Lamberth to delay his late-March trial in order to give Nichols’ defense team time to review the footage, which McBride said he’s been granted access to by the House.
Prosecutors contended that the existence of the additional footage reviewed by Carlson does not necessarily entitle defendants to receive it — particularly without a basis for believing it includes exculpatory content.
The Justice Department also rejected as “premature” the notion that Carlson’s decision to air some of the security footage Monday should lead to the Justice Department making the full cache of security film public. Prosecutors noted that “limited” clips aired by Carlson were nearly all included in the initial troves of footage provided to defense attorneys, which includes nearly all of the footage inside and outside the Capitol from 12 p.m. to 8 p.m. on Jan. 6.
“Nearly all the footage displayed on the program has long been in the government’s production to defense counsel and, in some cases, has also been admitted in public hearings and/or trials and has been available to, released to, and/or published by news media,” the department noted.
Prosecutors also argued that there’s still good reason not to widely release all security footage; “Disclosure of all CCV footage could not only reveal the U.S. Capitol’s internal surveillance system to third parties but could also jeopardize the privacy and security of certain persons depicted on such CCV footage.” LINK
“The United States does not know the extent of any material that a member of the legislative branch purportedly provided to other individuals,” Assistant U.S. Attorney Sean McCauley wrote in a court filing connected to prominent Jan. 6 defendant Ryan Nichols. “This Court should not commit to an indefinite trial extension for this Defendant, or for any defendants, based on the unsupported allegation that pertinent information may exist somewhere, but is not currently known to either the prosecution or the defense.”
The filings are the first effort by the Justice Department to place limits on any potential efforts by Jan. 6 defendants to use the newly disclosed footage to prolong their criminal proceedings. Nichols’ attorney, Joseph McBride, urged U.S. District Court Judge Royce Lamberth to delay his late-March trial in order to give Nichols’ defense team time to review the footage, which McBride said he’s been granted access to by the House.
Prosecutors contended that the existence of the additional footage reviewed by Carlson does not necessarily entitle defendants to receive it — particularly without a basis for believing it includes exculpatory content.
The Justice Department also rejected as “premature” the notion that Carlson’s decision to air some of the security footage Monday should lead to the Justice Department making the full cache of security film public. Prosecutors noted that “limited” clips aired by Carlson were nearly all included in the initial troves of footage provided to defense attorneys, which includes nearly all of the footage inside and outside the Capitol from 12 p.m. to 8 p.m. on Jan. 6.
“Nearly all the footage displayed on the program has long been in the government’s production to defense counsel and, in some cases, has also been admitted in public hearings and/or trials and has been available to, released to, and/or published by news media,” the department noted.
Prosecutors also argued that there’s still good reason not to widely release all security footage; “Disclosure of all CCV footage could not only reveal the U.S. Capitol’s internal surveillance system to third parties but could also jeopardize the privacy and security of certain persons depicted on such CCV footage.” LINK
Posted on 3/8/23 at 1:13 pm to Jbird
quote:
Prosecutors also argued that there’s still good reason not to widely release all security footage; “Disclosure of all CCV footage could not only reveal the U.S. Capitol’s internal surveillance system to third parties but could also jeopardize the privacy and security of certain persons depicted on such CCV footage
bullshite
Posted on 3/8/23 at 1:14 pm to Jbird
Sounds to me like we have a lot of Commies in the US Govt.
Shocker I know.
Shocker I know.
Posted on 3/8/23 at 1:14 pm to Jbird
The DOJ and the federal judiciary are perhaps the worst of the worst when it comes to Deep State tyranny.
Posted on 3/8/23 at 1:15 pm to SCLibertarian
quote:This right here.
The DOJ and the federal judiciary are perhaps the worst of the worst when it comes to Deep State tyranny.
Posted on 3/8/23 at 1:16 pm to Jbird
quote:
but is not currently known to ... the prosecution
Something tells me that the DOJ knows exactly what the videos show and don't want the defense to know.
Posted on 3/8/23 at 1:16 pm to Jbird
quote:
Disclosure of all CCV footage could not only reveal the U.S. Capitol’s internal surveillance system to third parties but could also jeopardize the privacy and security of certain persons depicted on such CCV footage
Ok then. Submit all footage to the Court and have a judge conduct an in camera review to determine which segments should remain sealed for security purposes. I can buy that there is some footage that would undermine how the security system is set up or what procedures are for the members, etc. What I doubt is the DOJ's position on how much of the video falls into that category.
This post was edited on 3/8/23 at 1:17 pm
Posted on 3/8/23 at 1:37 pm to Jbird
At this point it seems there is a 100% guarantee that defendants have not had access to this video.
This is shameful and it's unconstitutional.
I think I'll be signing the pardons in a big blue Sharpie.
This is shameful and it's unconstitutional.
I think I'll be signing the pardons in a big blue Sharpie.
Posted on 3/8/23 at 1:41 pm to Jbird
quote:
could also jeopardize the privacy and security of certain persons depicted on such CCV footage
Antifa and FBI agents
Posted on 3/8/23 at 2:04 pm to Gaston
They are literally holding people that arguably may have trespassed, indefinitely, without bail. I can’t imagine how evil these people are… Murderers, have infinitely more rights. Hell, everyone else in Society has more rights, according to these evil people
Posted on 3/8/23 at 2:07 pm to Jbird
So police body cam footage should get released but they think keeping this hidden somehow is good? It would be a lot better if people just knew the truth. It's not like someone is standing around in the footage with posters with people's SS# and home addresses on them.
Posted on 3/8/23 at 2:10 pm to Rex Feral
quote:
osecutors also argued that there’s still good reason not to widely release all security footage; “Disclosure of all CCV footage could not only reveal the U.S. Capitol’s internal surveillance system to third parties but could also jeopardize the privacy and security of certain persons depicted on such CCV footage
That is a fricking lie.
Posted on 3/8/23 at 2:18 pm to Jbird
BS, the DOJ does not want their agents identified, you know the ones that led the unsuspecting pawns into the Capital.
Posted on 3/8/23 at 2:59 pm to Jbird
quote:
Prosecutors also argued that there’s still good reason not to widely release all security footage; “Disclosure of all CCV footage could not only reveal the U.S. Capitol’s internal surveillance system to third parties but could also jeopardize the privacy and security of certain persons depicted on such CCV footage
This is such bullshite. No expectation of privacy in public places.
Posted on 3/8/23 at 3:02 pm to Jbird
The Deep State at its finest. Oh what shame!
Posted on 3/8/23 at 3:11 pm to MFn GIMP
quote:
Something tells me that the DOJ knows exactly what the videos show and don't want the defense to know.
And the defendants is supposed to have protection under Brady against this. I'm a defense atty, so let me vent on a few points that happen in practice:
1. The protections don't really "kick in" until trial - The State will hide all of the exculpatory info they can until a trial deadline. Sometimes the defendant will reach a plea vs. trial deadline and have to make that decision without seeing everything.
2. The "punishment" if they don't provide the evidence is usually just a do over - We need some teeth to the rules here. If states (or in Federal cases Congress) would pass laws punishing the Prosecuting attorney for wilfully withholding evidence then it stops. Right now they just get a conviction overturned and oopsie the Defendant was unable to make bond so they sit there for years waiting for an appeal to go through.
We aren't hearing a big fuss about this because the liberty minded representatives are holding their tongues. Why? I have no idea. Maybe they are fearful that they get labeled as supporting crazies and lose votes?
Also, the defense bar is probably 90% of anyone that has any pull. So most of them want these poor people to sit in jail. They care more about that than a precedent being set that will help their future clients. It's super sad.
Posted on 3/8/23 at 3:15 pm to Rex Feral
quote:
bullshite
Agreed. If their security was actually legit as they claim, then it needs to be thrown out and started again anyway because it’s been proven to be worthless.
Don’t see anyone barking up that tree though.
Posted on 3/8/23 at 3:15 pm to SCLibertarian
Denying you DUE PROCESS and violating Brady Rules is their MO.
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