Brady Rule Violations... DC Courts getting pummeled due to FEDS Exculpatory Evidence Withholding.

[Catsnmeters]

So how many lies you going to believe? Epps should be arrested for perjury. When do you think that will happen?

Let's try to stay on topic.

What lie do I believe relevant to this thread?

 

[Oddball]

It's not a hope... It a matter of Law... I guess you can hope that they don't get charged with constitutional violations...

These freaks cheering on the Stasi are stomach turning

 

[Billy_Bob]

There's that word, 'favorable'. Also, if the prosecution is shown to have complied to the best of their ability..all is good.

In United States v. Bagley, however, the Supreme Court eliminated this request requirement and stated that the prosecution has a constitutional duty to disclose all material, favorable information in their possession to defendants regardless of whether it is requested.

Brady rule | Wex | US Law | LII / Legal Information Institute​

Note the comma, its important... ALL INFORAMTION

 

[Catsnmeters]

Errr..your link does not show 'everyone' or even more than 2, defendants filing or contemplating filing Brady Act violations. Given the vast amount of video evidence already available and the ongoing nature of the investigation, it is unlikely in the extreme that the courts will rule against the Govt. in this case.

The only thing collapsing is your hope of your fantasy of the Jan. 6 crowd avoiding their just deserts coming true~

From your link:

At the time that Carlson’s program aired, defense lawyers had access to 7.36 terabytes of information, including photos, videos and audio recordings, prosecutors wrote in their earlier filing. Those files include searches of 759 digital devices, more than 30,000 clips of body and hand-held camera footage from five law enforcement agencies, and Capitol surveillance camera footage, prosecutors said.
Albert Watkins, the attorney who represented Chansley when he pleaded guilty, told CNN that he had never seen the videos of his client walking with officers in the Capitol.
“The government had a duty to disclose all evidence, especially exculpatory evidence,” Watkins said. “The government’s duty in this regard is not subject to discretion. It is an absolute duty.”
It is not clear, however, whether Chansley could take issue with the new video in court. Chansley pleaded guilty to obstructing an official proceeding in 2021 and was sentenced to 41 months in prison.
During his sentencing hearing, Chansley spoke at length about the guilt he felt for breaking the law and admitted, under oath, actions he took that broke the law inside the Capitol building. Prosecutors say police asked him to leave, and he refused.
In several filings around the time of Chansley’s plea agreement, the Justice Department said that it was still working to process the “massive volume of data that may be relevant
Two months after Chansley accepted a plea agreement, prosecutors wrote in a court filing that they were “still collecting and assembling materials from the numerous entities who were involved in the response to the Breach, and we are still investigating – which means the amount of data (phones, devices, legal process, investigative memoranda) is growing.”
Even in the days before Chansley’s sentencing, prosecutors noted in the case that discovery was still ongoing. “Given the scope of the existing investigation and its on-going nature, we expect that we will continue to obtain materials, which we will produce expeditiously,” prosecutors wrote.

Yep. Potentially as more evidence comes in he could be charged with more violations.

As it is, they were only able to charge him for the things they had evidence for at the time.

For some reason, trumpers think being escorted by cops somehow means he can't be charged for breaking into the capital and other things they had on video and charged him for, including testimony by police he refused to leave when requested.

 

[Ralph Norton]

So you have none and the thread title is a lie.

How the fuck do we know what the evidence is if it was withheld?

 

[BackAgain]

With the revelation that the FED'S withheld video evidence from everyone, now everyone is filing brady act violations with the courts. Due to the size and scope of the violations, the entire Jan 6 narrative is about to collapse onto itself. This is a level of prosecutorial misconduct never before seen in US History. It involves every single Federal Agency from the DOJ down to the CHP.

The corruption is so massive that there is no way to get around it.

This can be seen as a direct attempt to subvert the US Constitution and our civil rights by Pelosi and Democrats in general, but also the DOJ, FBI, CIA, NSA, among others. This is the total weaponization of the government against US CITIZENS and intentional depravation of rights under the law..

It is no wonder every government agency is apoplectic about being exposed committing criminal acts in violation of the US Constitution. They are circling the wagons today... They have been exposed.

https://www.cnn.com/2023/03/09/politics/tucker-carlson-january-6-court-cases-us-capitol/index.html

Just to clarify. Brady is not an Act. It is a case name and refers to a duty imposed on prosecutors to turn over any and all exculpatory information to the defense.

It is imposed upon prosecutors on the principles that defendants are presumed innocent in the eyes of the law and are thus entitled to a fair trial plus the notion that prosecutors aren’t there to merely seek convictions but are there, instead, to serve justice.

 

[EvilEyeFleegle]

This is the legacy of Biden's administration that historians will glean from when
writing history.

My, my......

Well, if we're talking history and all, I will take Biden's legacy over Trump's...every day of the week.

The actions by the rioters, on Jan. 6, were a disgrace....and I doubt that any amount of shit-stirring will obscure that.

 

[Catsnmeters]

How the fuck do we know what the evidence is if it was withheld?

Nothing applicable to the charges was withheld...unless you have proof otherwise?

 

[EvilEyeFleegle]

In United States v. Bagley, however, the Supreme Court eliminated this request requirement and stated that the prosecution has a constitutional duty to disclose all material, favorable information in their possession to defendants regardless of whether it is requested.

Brady rule | Wex | US Law | LII / Legal Information Institute​

Note the comma, its important... ALL INFORAMTION

All material, favorable information in their possession--since you want to be accurate..not really your strong suit eh?

For a Brady violation..the info withheld must be deemed exculpatory---nothing I've seen yet begins to rise to that standard.

 

[EvilEyeFleegle]

Just to clarify. Brady is not an Act. It is a case name and refers to a duty imposed on prosecutors to turn over any and all exculpatory information to the defense.

It is imposed upon prosecutors on the principles that defendants are presumed innocent in the eyes of the law and are thus entitled to a fair trial plus the notion that prosecutors aren’t there to merely seek convictions but are there, instead, to serve justice.

Brady Act being something different altogether...probably not loved by the Right--

Brady Law | Definition & Facts

Brady Law, in full Brady Handgun Violence Prevention Act, U.S. legislation, adopted in 1993, that imposed an interim five-day waiting period for the purchase of a handgun until 1998, when federally licensed dealers would be required to use a federal National Instant Criminal Background Check...

www.britannica.com

 

[Ralph Norton]

Nothing applicable to the charges was withheld...unless you have proof otherwise?

And you know that how?

 

[Billy_Bob]

Just to clarify. Brady is not an Act. It is a case name and refers to a duty imposed on prosecutors to turn over any and all exculpatory information to the defense.

It is imposed upon prosecutors on the principles that defendants are presumed innocent in the eyes of the law and are thus entitled to a fair trial plus the notion that prosecutors aren’t there to merely seek convictions but are there, instead, to serve justice.

Thanks.. Corrected thread Title.

 

[Harpy Eagle]

With the revelation that the FED'S withheld video evidence from everyone, now everyone is filing brady act violations with the courts. Due to the size and scope of the violations, the entire Jan 6 narrative is about to collapse onto itself. This is a level of prosecutorial misconduct never before seen in US History. It involves every single Federal Agency from the DOJ down to the CHP.

The corruption is so massive that there is no way to get around it.

This can be seen as a direct attempt to subvert the US Constitution and our civil rights by Pelosi and Democrats in general, but also the DOJ, FBI, CIA, NSA, among others. This is the total weaponization of the government against US CITIZENS and intentional depravation of rights under the law..

It is no wonder every government agency is apoplectic about being exposed committing criminal acts in violation of the US Constitution. They are circling the wagons today... They have been exposed.

https://www.cnn.com/2023/03/09/politics/tucker-carlson-january-6-court-cases-us-capitol/index.html

There are sure a lot of claims and allegations being made.

Will be interesting to see how many of them hold water in court

 

[Billy_Bob]

I am simply amazed at the spinning going on over the rule. SCOTUS was clear that it meant ALL INFORMATION not just what they thought was relevant. But here we are arguing over what "all information" means...

 

[Meister]

Well, if we're talking history and all, I will take Biden's legacy over Trump's...every day of the week.

The actions by the rioters, on Jan. 6, were a disgrace....and I doubt that any amount of shit-stirring will obscure that.

Of course you would.
The actions from the rioters were a disgrace, don't think anyone is arguing that.

Trump's legacy will prevail over what the left was trying to do. Make no mistake about that.

 

[Flash]

With the revelation that the FED'S withheld video evidence from everyone, now everyone is filing brady act violations with the courts. Due to the size and scope of the violations, the entire Jan 6 narrative is about to collapse onto itself. This is a level of prosecutorial misconduct never before seen in US History. It involves every single Federal Agency from the DOJ down to the CHP.

The corruption is so massive that there is no way to get around it.

This can be seen as a direct attempt to subvert the US Constitution and our civil rights by Pelosi and Democrats in general, but also the DOJ, FBI, CIA, NSA, among others. This is the total weaponization of the government against US CITIZENS and intentional depravation of rights under the law..

It is no wonder every government agency is apoplectic about being exposed committing criminal acts in violation of the US Constitution. They are circling the wagons today... They have been exposed.

https://www.cnn.com/2023/03/09/politics/tucker-carlson-january-6-court-cases-us-capitol/index.html

The Democrat filth prosecuted the Patriots that protested the Democrats stealing the election as a warning to never oppose their agenda to turn this country into a Socialist Shithole.

 

[Zincwarrior]

Are you that stupid along with the idiot that thanked you? When 9 armed officers had a chance to arrest the Shaman and did not. That is your evidence.

? Not being immediately arrested for a crime doesn't mean you are not guilty of said crime.

 

[Catsnmeters]

And you know that how?

Because proof of otherwise hasn't been shown.

Innocent until proven guilty. Remember?

 

[EvilEyeFleegle]

I am simply amazed at the spinning going on over the rule. SCOTUS was clear that it meant ALL INFORMATION not just what they thought was relevant. But here we are arguing over what "all information" means...

No spin necessary--the Brady Rule is all about potentially exculpatory evidence. the Prosecution has an absolute requirement to disclose all such.
7TB+ plus of discovery shows that the Prosecution was trying to do just that. I think we're going to find that most of the material in question has already been known, and turned over. Yet, another camera angle of the same thing, as it were. The Prosecution acknowledged that the investigation was ongoing and that they would attempt to keep the defense apprised. Intent is important here and I've yet to see any evidence of deliberate with-holding of any potentially exculpatory material.

Perhaps they'll find some...in which case the defense is free to make hay, as it were. Thus far, much sound and fury...but little of the smoking gun of innocence.

 

[Catsnmeters]

The Democrat filth prosecuted the Patriots that protested the Democrats stealing the election as a warning to never oppose their agenda to turn this country into a Socialist Shithole.

Patriots do not attack the captial.