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Judges deny unfair treatment for Capitol robbery defendants

2021-12-29T15:39:49.979Z


Two federal judges appointed by Trump have rejected claims by those defendants in the robbery of the Capitol that they are being treated unfairly.


New images show severity of assault on Capitol 2:50

(CNN) -

Two federal judges appointed by Trump have rejected the defendants' claims of participating in the Jan.6 assault on Capitol Hill that they are being treated unfairly, due to their conservative politics, compared to left-wing rioters in Portland, Oregon, in the summer of 2020.

Judge Trevor McFadden on Tuesday became the second judge in two weeks to reject the comparisons, which are popular in right-wing circles, after his colleague in Washington federal court, Carl Nichols, issued a similar ruling last week. pass.

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Both McFadden and Nichols said the defendants' arguments for participating in the riots on the US Capitol did not have enough evidence to prove discrimination.

In one of the cases around that January 6, the defendant David Lee Judd had asked McFadden to search the records of the Department of Justice on the prosecution decisions in Portland and Washington, alleging that he was being treated unfairly compared to defendants. similar on the West Coast.

The rioters on Capitol Hill were overwhelmingly Trump supporters unhappy with the outcome of the 2020 election, while many of Portland's left-wing protesters said they were fighting racial inequality and police brutality in the aftermath of George Floyd's murder.

In this April 13, 2018 file photo, US District Judge Trevor McFadden speaks during his inauguration ceremony at the United States District Court in Washington.

McFadden rejected Judd's request on Tuesday, explaining that the Portland riots did not have the same dire consequences as the attempted coup on January 6.

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"Although both the Portland and January 6 rioters attacked federal buildings, the Portland defendants attacked primarily at night, which means they took out a largely empty courthouse," McFadden wrote.

Instead, the January 6 mutineers attacked the Capitol in broad daylight. And many entered it. Their actions endangered hundreds of federal officials in the Capitol complex. Members of Congress barricaded themselves under chairs , while the employees were locked in the offices, fearing physical attacks by the mutineers. "

Judd is one of nine defendants in connection with a three-hour battle inside one of the Capitol tunnels.

Prosecutors say he threw a firecracker at the police as they tried to contain the mob.

He pleaded not guilty.

Nichols, who is evaluating the case against another January 6 defendant, Garrett Miller, said on December 21 that the riots in the two cities had "obvious differences" and that the riots put hundreds of government officials in danger.

"The conduct of the Portland rioters, while obviously serious, was not aimed at a procedure prescribed by the Constitution and established to ensure a peaceful transition of power," Nichols wrote.

"Nor did the Portland rioters, unlike those who stormed the US Capitol in 2021, managed to get past the outer defenses of the buildings."

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McFadden did criticize the Justice Department for dropping cases against the rioters in Oregon - decisions prosecutors made during both the Trump and Biden administrations, he noted - and called the moves "suspicious."

McFadden's sharp words against the Justice Department will likely fuel criticism from the right about the aggressive approach law enforcement has taken toward hundreds of January 6 defendants, many of whom now claim the title of political martyrs.

McFadden noted that the Justice Department ended up dropping 27 indictments against the Portland rioters, including five who had been charged with felonies. "Seldom has the government shown so little interest in vigorously prosecuting those who attack federal officials," he wrote, echoing a similar criticism he had made this fall. "Especially in times of political turmoil, the Justice Department must strive for impartial justice. Judd raises troubling questions about the Department's adherence to this imperative in Portland."

The Justice Department has also rejected these comparisons.

Federal prosecutors have noted that many of the Capitol rioters bragged about their alleged crimes and posted photos online, while most of the Portland rioters tried to conceal their identities by wearing masks and bandanas and mutinying under cover of darkness.

Assault on the Capitol Donald Trump

Source: cnnespanol

All news articles on 2021-12-29

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