3/28/21 American Thinker points to a D.C. Court of Appeals decision ordering the no bail jailing of some defendants reheard, and in a way that reflects badly on some of these cases:
The unblinkered Circuit Court panel seems to have seen clearly through this maneuver. Two of the judges, Wilkins and Rogers, ordered the case returned to Lamberth to apply what it said was the appropriate standard for denying bail. In the majority opinion, Judge Wilkins distinguished between what constituted dangerous behavior and what did not:
In our view, those who actually assaulted police officers and broke through windows, doors, and barricades, and those who aided, conspired with, planned or coordinated such actions, are in a different category of dangerousness than those who cheered on the violence or entered the Capitol after others cleared the way.”
The Defendants’ Conduct on January 6
Munchel and Eisenhart did not organize the election protest or the ensuing march to the Capitol, hatched no advance plan to enter the Capitol, and acted in concert with no other protestors. Nor did they assault any police officers or remove any barricades in order to breach Capitol security. They decided to enter the Capitol only after others had already done so forcibly. By the time they made their way to the building, police were making no attempt to stop or even discourage protestors from entering. To go inside, Munchel and Eisenhart walked through an open door. While there, they attempted neither violence nor vandalism. They searched for no Members of Congress, and they harassed no police officers. They found plastic handcuffs by chance, but never threatened to use them. Munchel’s threat to “break” anyone who vandalized the Capitol was intended to prevent destruction and was addressed to no one in particular. [snip] Munchel and Eisenhart voluntarily left the building -- while many other protestors remained and before the police began to restore order. Their misconduct was serious, but it hardly threatened to topple the Republic. Nor, for that matter, did it reveal an unmitigable propensity for future violence.
From 18 USC 3161(b(-(c):
(b) Any information or indictment charging an individual with the commission of an offense shall be filed within thirty days from the date on which such individual was arrested or served with a summons in connection with such charges. If an individual has been charged with a felony in a district in which no grand jury has been in session during such thirty-day period, the period of time for filing of the indictment shall be extended an additional thirty days.
(c)(1) In any case in which a plea of not guilty is entered, the trial of a defendant charged in an information or indictment with the commission of an offense shall commence within seventy days from the filing date (and making public) of the information or indictment, or from the date the defendant has appeared before a judicial officer of the court in which such charge is pending, whichever date last occurs. If a defendant consents in writing to be tried before a magistrate judge on a complaint, the trial shall commence within seventy days from the date of such consent
It looks to me that these cases are going to expire real soon because they are clearly not going to get most of these people to trial in 70 days from charging. And then the Left will start whining that the speedy trial provision of the Bill of Rights needs amending, at least for white people.
No comments:
Post a Comment