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Jack Carter
Member since Sep 2018
5580 posts

The Justice Department won’t have January 6 evidence ready until 2022.

https://amgreatness.com/2021/07/30/unprecedented-unreasonable-unconstitutional-and-wrong/


‘Unprecedented, Unreasonable, Unconstitutional, and Wrong’

The Justice Department won’t have January 6 evidence ready until 2022.



During a status hearing Friday afternoon for Timothy Hale-Cusanelli, an Army reservist arrested on January 15 for his involvement in the January 6 protest in Washington, D.C., an assistant U.S. attorney admitted the government will not meet its discovery obligations for all Capitol defendants until early 2022.

Kathyrn Fifield, the lead attorney representing the Justice Department, informed Judge Trevor McFadden that the “incalculable” volume of video collected by the government related to the Capitol breach investigation will prevent defendants and their lawyers from accessing the full body of evidence against them for several more months. “No system exists to wrap its arms around [all this evidence],” Fifield told McFadden. This includes at least 14,000 hours of surveillance video plus thousands of hours of body-worn camera footage from law enforcement.

Fifield resisted setting a 2021 trial date for Hale; McFadden and Jonathan Crisp, Hale’s court-appointed attorney, told the government last month that unless a plea arrangement was agreed upon, a trial would be set for later this year because Hale already has been incarcerated for more than six months. “If we do set a trial date, the government cannot meet discovery obligations until early 2022. That’s a conservative estimate,” Fifield said.

Despite arresting more than 550 people since January 6, the government still has no platform for posting, sharing, and transferring digital evidence. “Due to the extraordinary nature of the January 6, 2021 Capitol Attack, the government anticipates that a large volume of materials may contain information relevant to this prosecution,” Fifield wrote in a July 14 filing. “These materials may include, but are not limited to, surveillance video, statements of similarly situated defendants, forensic searches of electronic devices and social media accounts of similarly situated defendants, and citizen tips. The government is working to develop a system that will facilitate access to these materials.”

At one point, the Justice Department was sharing digital evidence on Blu Ray discs.

Earlier this month, the department signed a multi-million dollar contract with Deloitte to create a “massive database” of evidence. But that process will take several weeks if not months. “The still-incomplete database has sharply slowed down efforts by prosecutors and defense attorneys to hammer out plea deals for dozens, of not hundreds, of alleged rioters,” Politico reported on July 9. “Several defendants have sought quick resolution of their cases only to be told by prosecutors that they must wait until the database is established.”

Despite the lack of evidence against him, Hale has been behind bars since January. He is not charged with any violent crimes but the Justice Department repeatedly—and successfully—has sought his pre-trial detention. (McFadden denied Hale’s release in March.)

An informant wore a wire to record a conversation with Hale about a “civil war” and military investigators interrogated nearly four dozen of Hale’s co-workers about his alleged “white supremacist” views. (My column explaining the case here.)

Hale was transported to at least five different prisons before arriving in early February at the D.C. jail specifically used to detain January 6 defendants. More than three dozen January 6 detainees are incarcerated at the D.C. Correctional Treatment Facility awaiting trial or plea offers.

On July 7, the D.C. Circuit Court denied Hale’s appeal seeking release.

McFadden scolded the government for its backwards process. “You would not arrest [someone] then gather evidence later. That’s not how this works.” When Fifield said full discovery is in the best interest of the defendant, McFadden shot back: “Freedom also is important to the defendant.” The Trump-appointed judge raised concerns over Sixth Amendment violations. “This does not feel what the Constitution [and] the Speedy Trial Act envisions.”

Despite the government’s confession that it is not prepared to make its case against Hale, McFadden set a trial date of November 9, 2021. (He did not release Hale, who has no criminal record, from prison.)

“No January Sixer should be made to suffer in a jail cell while the DOJ continues to delay discovery simply because it can,” one defense attorney told me by text this afternoon. “This is unprecedented, unreasonable, unconstitutional, and wrong.”


cajuntiger1010
LSU Fan
Hawaii
Member since Jan 2015
7156 posts

People will have long forgotten of that politicized staged "insurrection"

This will just add more fuel to the conservatives


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330
CDawson
Louisiana
Member since Dec 2017
13645 posts

But are more than happy to keep you locked up for the last 6 months and the next year until they have time to determine they have enough evidence to hold you.

This is one of the biggest over reaches of the DOJ I've seen (and we know they are compromised filth) and the courts will do nothing about it. It is unfathomable that win the USA a defendant can be held for a year or more without the DOJ having to provide the evidence against that defendant.

Shameful but par for the course with the corrupt SOB's in the DOJ.


CamdenTiger
Member since Aug 2009
56426 posts
 Online 

Travesty, first degree murderers have more rights….


Reservoir Ag
Texas A&M Fan
Member since Dec 2020
1677 posts

That’s not such a bad timeframe when you consider Durham and the Russia Hoax investigation.

Besides regardless of the release date, this will be 100% propaganda.



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120
Eli Goldfinger
Army Fan
Member since Sep 2016
28155 posts

They will clearly try to bring it back up in time for 2022 elections.

These fuqers are so transparent.


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210
DallasTiger11
UCLA Fan
Los Angeles
Member since Mar 2004
10673 posts

And SCOTUS and all of Trump/McConnell’s judges are nowhere to be found


JJJimmyJimJames
Auburn Fan
Southern States
Member since May 2020
8633 posts

quote:

Travesty, first degree murderers have more rights….

No kidding. What a complete MESS..

This is unacceptable for there to be such an impingement on individual liberties over a staged Nancy Pelosi production.

This is the level of treachery that began the USA in the 1770's. This is the environment of all communist states in the 20th century.


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50
dgnx6
Atlanta Braves Fan
Baton Rouge
Member since Feb 2006
52048 posts

Our government is holding its citizens hostage while letting illegals roam our country.



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200
SantaFe
LSU Fan
Baton Rouge
Member since Apr 2019
3542 posts

We have the right to a fair and speedy trial. If I were the judge I would drop all charges against these people. At best it was a trespass / vandalism act. These people are being held as Political prisoners with no right to bail.


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180
elprez00
Houston Astros Fan
Hammond, LA
Member since Sep 2011
26971 posts

quote:

The Justice Department won’t have January 6 evidence ready until 2022.

To be released right before midterms so we can remind the American people about those evil right wing insurrections.


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90
CDawson
Louisiana
Member since Dec 2017
13645 posts

quote:

And SCOTUS and all of Trump/McConnell’s judges are nowhere to be found


Yep, so much for our excitement on all of Trump's judge nominees.


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60
Junky
Valparaiso Fan
Louisiana
Member since Oct 2005
7262 posts

A quick and speedy trial is not permitted?


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Tchefuncte Tiger
LSU Fan
Bat'n Rudge
Member since Oct 2004
50036 posts



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Auburn1968
Auburn Fan
NYC
Member since Mar 2019
11208 posts

The lawyers of the DOJ are 90% dems making it the DNC/DOJ political hit squad.


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udtiger
US Space Force Fan
Over your left shoulder
Member since Nov 2006
85909 posts
 Online 

Doesn't sound like a speedy trial to me.

frick these people.


Tigers2010a
LSU Fan
Member since Jul 2021
1786 posts

How much do you want to bet there was a purge of the DOJ during the Obama's years and leftists installed. Conservatives driven out, encouraged retirement, sidelined and new hires strictly leftists. Probably happened in all the alphabet deep state agencies. And now we have what we have.

Lot a work to clean out all those agencies.
This post was edited on 7/31 at 11:08 am


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40
BuckyCheese
Wisconsin Fan
Member since Jan 2015
29967 posts
 Online 

quote:

McFadden scolded the government for its backwards process. “You would not arrest [someone] then gather evidence later. That’s not how this works.” When Fifield said full discovery is in the best interest of the defendant, McFadden shot back: “Freedom also is important to the defendant.” The Trump-appointed judge raised concerns over Sixth Amendment violations. “This does not feel what the Constitution [and] the Speedy Trial Act envisions.”

Despite the government’s confession that it is not prepared to make its case against Hale, McFadden set a trial date of November 9, 2021. (He did not release Hale, who has no criminal record, from prison.)


I want to know how this judge reconciles the above statements.


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71
ChineseBandit58
LSU Fan
Over55 community in Pearland, TX
Member since Aug 2005
36202 posts

So ankle bracelets are known to not be sufficient to keep track of suspected trespassers?? = like they are for multi-felonious murder/terror suspects??


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VoxDawg
Georgia Fan
Glory, Glory
Member since Sep 2012
47425 posts

Make it all available online. I know an anonymous army of volunteers who are more than happy to review every moment of it.


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