I see you haven't been vaccinated.Trump Defense Sycophancy is a double-edged blade that also afflicts rightarded cult members.
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I see you haven't been vaccinated.Trump Defense Sycophancy is a double-edged blade that also afflicts rightarded cult members.
Any new trial for the shaman yet?The guy who wore the indian headdress in the capitol will likely get a new trial......the prosecution withheld video evidence from the defense....
Albert Watkins, whose client Jacob Chansley pleaded guilty to felony charges in connection with the Capitol riot and was sentenced to 41 months in prison, said Department of Justice prosecutors were legally bound to turn over the footage. Clips shown on Carlson’s Fox News Channel program show Chansley walking freely and peaceably through the building, often accompanied by multiple police officers.
“We did not receive that video footage,” Watkins said. “We asked for it, and not just once or twice. Whether we asked for it or not is irrelevant because the government had an absolute, non-compromisible duty to disclose that video and they did not do so.”
“And all the while, they were actively representing to the court and the American people that Jake was a leader, leading the charge into the Capitol,” he said. “They did not disclose that footage because it ran contrary to their rote narrative.”
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Court filings in Chansley’s case corroborate Watkins’ claim that he repeatedly asked for all videos of his client.
“Our position is that the government must identify any evidence it believes to capture [defendant], regardless of whether it intends to rely on the same in its case in chief,” one said.
Another look.....
This is why, perhaps, they refused to share the video with Chansley’s lawyer, which among other things violates his constitutional rights, big time. They are supposed to disclose all such materials in discovery, and failing to is prosecutorial misconduct.
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Ed noted before we knew this tidbit:
If true, and I believe that it is extremely likely that it is, then the DOJ lawyers involved should be in some serious legal jeopardy. At least if there is a semblance of legal integrity left in the federal government.
I am no lawyer, but what is at issue is something called Brady Disclosure, named after a case where theSupreme Court ruled that the government provide any exculpatory evidence to defendants in criminal cases.
The ruling was necessary, obviously, because prosecutors can be very…enthusiastic…about winning their cases and didn’t always disclose facts that would undermine their cases, leading to people being convicted based upon flawed or incomplete evidence.
He'll be out before all the legal motions will have transpired.Any new trial for the shaman yet?
He'll be out before all the legal motions will have transpired.
Please try to keep up.
WrongBecause his prison sentence is up soon, not because of anything Tucker Carlson showed.
Wrong
The time to file and process will take longer than his existing sentence.
That simple.
Findlaw:LOL
Moron, how long do you think it takes to file a motion to dismiss and how long do you think it takes for a judge to respond?
Findlaw:
The motion to dismiss must be filed with the court and served on the other party. The other party then has the opportunity to respond to the motion, usually within a couple of weeks. The judge will then review each side's motion, and give the court's decision at a predetermined hearing date.
He'll be out before all the legal motions will have transpired.
-------------------------------------------------------------Because his prison sentence is up soon,
And he doesn’t want to expunge his criminal record? Okay.Wrong
The time to file and process will take longer than his existing sentence.
That simple.
Does he?And he doesn’t want to expunge his criminal record? Okay.
Seems like a good idea to do so if he thinks he’s innocent.Does he?
He can't file.Seems like a good idea to do so if he thinks he’s innocent.
He wouldn’t be the first insurrectionist we’ve seen screw themselves over and demand a jury trial because they convinced themselves of their innocence.
Bummer. I guess he won’t get a new trial like the OP claimed was “likely”.He can't file.
It's possible he could but, once again, the legal gymnastics will be longer than he has time to serve.Bummer. I guess he won’t get a new trial like the OP claimed was “likely”.
He can't file.
No he can't.Of course he can. He would be stupid to, but he can.
No he can't.
His plea 'deal'.Huh? What do you think is stopping him?
His plea 'deal'.