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

Posted on 7/31/21 at 9:27 am
Posted by Jack Carter
Member since Sep 2018
11346 posts
Posted on 7/31/21 at 9:27 am
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.”
Posted by cajuntiger1010
Member since Jan 2015
10693 posts
Posted on 7/31/21 at 9:29 am to
People will have long forgotten of that politicized staged "insurrection"

This will just add more fuel to the conservatives
Posted by CDawson
Louisiana
Member since Dec 2017
16962 posts
Posted on 7/31/21 at 9:30 am to
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.
Posted by CamdenTiger
Member since Aug 2009
63791 posts
Posted on 7/31/21 at 9:30 am to
Travesty, first degree murderers have more rights….
Posted by Reservoir Ag
Member since Dec 2020
3572 posts
Posted on 7/31/21 at 9:33 am to
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.

Posted by Eli Goldfinger
Member since Sep 2016
32785 posts
Posted on 7/31/21 at 9:33 am to
They will clearly try to bring it back up in time for 2022 elections.

These fuqers are so transparent.
Posted by DallasTiger11
Los Angeles
Member since Mar 2004
12496 posts
Posted on 7/31/21 at 9:34 am to
And SCOTUS and all of Trump/McConnell’s judges are nowhere to be found
Posted by JJJimmyJimJames
Southern States
Member since May 2020
18496 posts
Posted on 7/31/21 at 9:34 am to
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.
Posted by dgnx6
Baton Rouge
Member since Feb 2006
72824 posts
Posted on 7/31/21 at 9:44 am to
Our government is holding its citizens hostage while letting illegals roam our country.

Posted by SantaFe
Baton Rouge
Member since Apr 2019
6921 posts
Posted on 7/31/21 at 9:46 am to
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.
Posted by elprez00
Hammond, LA
Member since Sep 2011
30074 posts
Posted on 7/31/21 at 10:05 am to
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.
Posted by CDawson
Louisiana
Member since Dec 2017
16962 posts
Posted on 7/31/21 at 10:07 am to
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.
Posted by Junky
Louisiana
Member since Oct 2005
8626 posts
Posted on 7/31/21 at 10:15 am to
A quick and speedy trial is not permitted?
Posted by Tchefuncte Tiger
Bat'n Rudge
Member since Oct 2004
58950 posts
Posted on 7/31/21 at 10:40 am to
Posted by Auburn1968
NYC
Member since Mar 2019
21427 posts
Posted on 7/31/21 at 10:44 am to
The lawyers of the DOJ are 90% dems making it the DNC/DOJ political hit squad.
Posted by udtiger
Over your left shoulder
Member since Nov 2006
103327 posts
Posted on 7/31/21 at 10:44 am to
Doesn't sound like a speedy trial to me.

frick these people.
Posted by Tigers2010a
Member since Jul 2021
3627 posts
Posted on 7/31/21 at 10:51 am to
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 7/31/21 at 11:08 am
Posted by BuckyCheese
Member since Jan 2015
52902 posts
Posted on 7/31/21 at 10:56 am to
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.
Posted by ChineseBandit58
Pearland, TX
Member since Aug 2005
44490 posts
Posted on 7/31/21 at 11:07 am to
So ankle bracelets are known to not be sufficient to keep track of suspected trespassers?? = like they are for multi-felonious murder/terror suspects??
Posted by VoxDawg
Glory, Glory
Member since Sep 2012
65195 posts
Posted on 7/31/21 at 11:10 am to
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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