Friday, July 1, 2022
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The Accelerating Purge
Buckle up, America. This only gets worse from here.
One week after a team of thugs working for Democratic Party activist Stephen Colbert were arrested for illegally entering a Capitol building in order to record themselves stalking Republican congressional leaders, news coverage of the incident has all but disappeared. Neither the U.S. Capitol Police, the arresting agency, nor the Department of Justice has produced any details of the gang’s unauthorized incursion into two Capitol buildings with the blessing of Representative Adam Schiff (R-Calif.) and two other Democratic House members.
It appears the Capitol Police chief has not yet responded to a demand by Reps. James Jordan (R-Ohio) and Rodney Davis (R-Ill.) for all footage, photographs, and witness statements documenting the crew’s activities on June 16 including accusations they banged on the doors of female legislators such as Rep. Lauren Boebert (R-Colo.); it further appears that no one is demanding a congressional ethics investigation into Schiff’s participation in leading a “tour” of Colbert’s insurrectionists through the buildings, including after hours. Following a brief detainment, Colbert’s thugs went home, spared pre-dawn raids by armed FBI agents and days, if not months, of incarceration while a federal judge determines whether they should stay behind bars awaiting trial.
In fact, Colbert’s insurrectionists will avoid the kangaroo court known as the D.C. District Court overseeing hundreds of similar charges related to the January 6 protest on Capitol Hill. Fox News reported on Thursday that the defendants associated with Colbert’s show will appear in D.C. Superior Court in late July. (The court’s website contains no information about the case.) Simply put, every January 6 case is handled as a federal crime while the conduct of Team Colbert is considered a local offense, even though it occurred in the exact same venue.
Trump supporters who protested Joe Biden’s election are branded terrorists by Joe Biden’s Justice Department and treated accordingly; Trump foes who harass Republican lawmakers and mock the families of January 6 detainees in public are considered “comedians” by the same set of prosecutors, then let off the hook for engaging in more threatening behavior than most who participated in the Capitol protest.
That wasn’t the only example this week of the double standard of justice in Joe Biden’s America.
On the same day Fox News disclosed that Colbert’s producers would get preferential Beltway treatment for pals of the regime, the FBI arrested Daniel “Hatchet” Speed, a Navy reservist and January 6 protester, on four misdemeanors: entering and remaining in a restricted building or grounds, disorderly and disruptive conduct in a restricted building or grounds, disorderly conduct in a Capitol building, and parading, demonstrating, or picketing in a Capitol building.
Nothing Speed is accused of doing on January 6 is worse than what Colbert’s crew did on June 16. Speed entered the Senate wing door around 2:50 p.m., about 30 minutes after the joint session of Congress recessed and the Capitol was evacuated. Capitol police stood nearby, chatting with protesters. Speed walked around the Rotunda and exited at 3:35 p.m. By all accounts, Speed didn’t carry a weapon or assault police officers or even bang on the office doors of sitting members of Congress.
But the FBI has tracked his moves ever since and Big Tech, per usual, lended a hand. “Amazon produced data indicating that [Speed] purchased a black Under Armour Sports face mask on December 3, 2020, resembling the mask he can be seen wearing inside the Capitol,” the government’s criminal complaint detailed. “Amazon data also indicates that SPEED purchased a black Samurai Tactical Wakizashi Tactical backpack on Amazon.com on November 24, 2020. Both items resemble the mask and backpack SPEED can be see wearing in U.S. Capitol Police (video) footage.”
In January, more than a year after the four-hour disturbance at the Capitol, the FBI photographed Speed outside his home as it conducted surveillance on the nonviolent subject. As if that wasn’t enough, the FBI hired an informant in March to get more information from Speed. Portraying himself as a “like-minded individual,” the FBI snitch met twice with Speed to get him to talk about what he did on January 6. Speed admitted he went to the Capitol to hear the debate over the 2020 election results but instead encountered law enforcement “hitting us with tear gas, hitting us with rubber bullets and all kinds of things.” He said he climbed a staircase inside the building to avoid Antifa agitators and to stop “getting tear gassed.”
Speed’s life will now be destroyed by the media, federal prosecutors, and D.C. judges. Like at least 200 January 6 defendants, Speed likely will plead guilty to “parading” in the Capitol yet face months in prison for the petty offense. His neighbors and friends will turn on him; local reporters will hound him incessantly; and a judge will berate him for participating in an attempt to...
Feds coerce Jan 6 defendants into waiving right to appeal jail time
Violate ‘overcharging’ ban to prevent objection to disparate sentencing
Summary: A perfect storm of deep state actors hits Jan 6 protestors
- Local police hold open Capitol doors for many protestors
- Local police fail to publicly acknowledge allowing protestors into Capitol
- FBI agents hunt protestors down even when evidence indicated they didn’t know Capitol was closed to public
- Federal prosecutors add redundant charges and unprovable charges
- Prosecutors use extra charges to coerce protestors to “confess” to knowing Capitol was closed to public
- Judges gave every Trump inauguration protestor but one no jail time, even when violent
- Prosecutors require Jan 6 protestors to waive right to appeal disparate sentencing
- Judges send peaceful Jan 6 protestors, who thought Capitol was open to public, to prison
The DC Appellate Court has, for more than 50 years, banned the practice of overcharging defendants to coerce a guilty plea on a lesser charge.
. . . the prosecutor clearly cannot have carte blanche to apply whatever tactics he wishes to induce a guilty plea. A policy of deliberately overcharging defendants with no intention of prosecuting on all counts simply in order to have chips at the bargaining table would, for example, constitute improper harassment of the defendant. [Emphases added].
Yet, overcharging is widely practiced against Jan 6 protestors in the very jurisdiction controlled by that appellate court - the DC District Court. Even defendants who spent just a few minutes in the Capitol, and even when the evidence indicated that the Capitol appeared to them to have been open to the public, were charged with “knowingly” violating multiple crimes.
Horizontal overcharge
Professor Albert Alschuler, in a Law Review article for the University of Chicago Law School, categorized prosecutorial overcharging as either horizontal or vertical. He defined horizontal overcharging as
multiplying "unreasonably" the number of accusations against a single defendant … prosecutors may fragment a single criminal transaction into numerous component offenses. In Cleveland, "bad check artists" are usually charged, not only with one, but with three separate offenses for each check: forgery, uttering, and obtaining property by false pretenses. In Boston, the pattern is the same, except that a fourth offense is occasionally added; the defendant may also be charged as a "common and notorious thief.”
Horizontal overcharge of Jan 6 protestors
It’s almost as if the US Attorney’s Office for the DC District was determined to prove that horizontal overcharging is its standard operating procedure, listing on a webpage dedicated to January 6 cases, how they “fragmented” the single potential criminal transaction of entering the Capitol into “numerous component offenses,” including:
- Entering and Remaining in a Restricted Building or Grounds
- Disorderly and Disruptive Conduct in a Restricted Building or Grounds
- Disorderly Conduct in a Capitol building
- Parading, Demonstrating or Picketing in a Capitol building
Vertical overcharge
Professor Alschuler defined vertical overcharging as
charging a single offense at a higher level than the circumstances of the case seem to warrant . . . .
prosecutors charge robbery when they should charge larceny from the person, that they charge grand theft when they should charge petty theft, that they charge assault with intent to commit murder when they should charge some form of battery, and that they charge the larceny of an automobile when they should charge "joy-riding," a less serious offense that does not involve an intention to deprive the car owner permanently of his property.
Vertical overcharge of Jan 6 protestors
The US Attorney’s Office in the DC district likewise appears bent on proving that vertical overcharging is indeed their regular practice, publicizing the following additional charge it applied to alleged trespassers:Obstruction of an Official Proceeding
Interestingly, this 20-year felony is found in the federal government’s witness tampering statute. Even conceding that that is the correct statute to address the activities of the minority of protestors who used force, what of the peaceful protestors? One would need to force protestors to be judged by a jury not of their peers to imagine a scenario in which jurors accept prosecutors’ arguments that peaceful protestors careful to stay within the Capitol’s velvet ropes were attempting to obstruct a proceeding elsewhere in the Capitol.
Nonetheless, the threat of a 20-year sentence, and the promise to drop that vertical overcharge, as well as few horizontal overcharges, has been enough to induce many peaceful protestors to confess, in writing, to what they know to be inaccurate:
The defendant knew at the time he entered the U.S. Capitol Building that he did not have permission to enter the building. [Emphasis added].
- Disproportionate and insincere obstruction charges lacking evidence
Law school professor Kyle Graham presents an updated categorization of overcharging, but again, federal prosecutors violate each category:
- Charging Without Adequate Proof
- Filing Charges Disproportionate to the Crime
- Prosecutorial Insincerity
SCOTUS bans overcharging
Lest one think that only the DC Circuit has banned overcharging, the nation’s highest court specifically excluded overcharging defendants from its description of acceptable plea bargain strategy by prosecutors:
We here make no reference to the situation where the prosecutor or judge, or both, deliberately employ their charging and sentencing powers to induce a particular defendant to tender a plea of guilty. In [this] case there is no claim that the prosecutor threatened prosecution on a charge not justified by the evidence or that the trial judge threatened [the defendant] with a harsher sentence if convicted after trial in order to induce him to plead guilty.In another Supreme Court decision, a dissenting justice noted matter of factly, on a point not disputed by the court’s majority, that,
. . . plea bargaining . . . presents grave risks of prosecutorial overcharging that effectively compels an innocent defendant to avoid massive risk by pleading guilty to a lesser offense …ABA bans overcharging
The American Bar Association also sets, as a national standard, the categorization of overcharging as unethical:
The 90 Miles Mystery Video: Nyctophilia Edition #1066
Before You Click On The "Read More" Link,
Please Only Do So If You Are Over 21 Years Old.
If You are Easily Upset, Triggered Or Offended, This Is Not The Place For You.
Please Leave Silently Into The Night......
The 90 Miles Mystery Box: Episode #1766
You have come across a mystery box. But what is inside?
It could be literally anything from the serene to the horrific,
from the beautiful to the repugnant,
from the mysterious to the familiar.
If you decide to open it, you could be disappointed,
you could be inspired, you could be appalled.
This is not for the faint of heart or the easily offended.
You have been warned.
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