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Surprise, surprise, Trump judge acquits January 6th defendant!!!

independentusa

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A Trump appointed judge acquits a defendant who entered the capital building on January 6th, there is a picture of him in the building, of all charges. This should surprise no one as this is the reason that the Federalist and Trump appointed these judges. The judge's excuse was that the defendant said he did not know he could not enter the building and that the government did not prove he knew it violated the law. First, as anyone with a brain knows, it is impossible to prove a negative, but even more, the police trying to keep you out might just be a sign that it is not legal to enter. I am sure all of the January 6th defendants will be lining up to get with this judge and receive their get out of jail free cards. Sometimes I wonder what this country is coming to, and then I see the right wing bringing on autocratic rules and shudder.
 

Lutherf

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A Trump appointed judge acquits a defendant who entered the capital building on January 6th, there is a picture of him in the building, of all charges. This should surprise no one as this is the reason that the Federalist and Trump appointed these judges. The judge's excuse was that the defendant said he did not know he could not enter the building and that the government did not prove he knew it violated the law. First, as anyone with a brain knows, it is impossible to prove a negative, but even more, the police trying to keep you out might just be a sign that it is not legal to enter. I am sure all of the January 6th defendants will be lining up to get with this judge and receive their get out of jail free cards. Sometimes I wonder what this country is coming to, and then I see the right wing bringing on autocratic rules and shudder.
Are you going to post any of the reasons the judge gave for the acquittal or is this thread all about your opinion, sans facts?
 

Shrink726

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Link please.
 

RaleBulgarian

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Most times folks allege that a federal judge acted inappropriately in either freeing or convicting a defendant based on which president appointed him/her, their own biases largely influenced their belief.

This isn’t one of those times. The judge clearly demonstrated bias in acquitting the defendant.

 

Lutherf

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Only a trump judge could make such a decisioin as other judges have found the defendants guilty.
The judge said that after Martin went inside, he generally milled around and stayed away from areas in the Rotunda where some demonstrators were taunting and skirmishing with police.

“He seemed quite quiet and orderly,” McFadden said. “He did not shout. He did not raise his flag.”

McFadden also said that while Martin was in the Capitol, he spent much of the time making videos with his phone, which the judge said wasn’t much different than what members of the press were doing.

McFadden called the first charge against Martin, knowingly entering in and remaining in a restricted area, a “close call.” The judge added: “But under our system of justice close calls go to the defendant.”
So the DoJ basically had trespassing on the guy but they decided to prosecute him as if he was a terrorist anyway.
 

Mr Person

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Bear in mind, it's proof beyond a reasonable doubt.

Without sitting through trial, the premise that someone might not know they do not have permission to enter becomes ridiculous when they are surrounded by a crowd attacking the Capitol Building. Lay siege to a city for a while and eventually resistance stops.....that doesn't mean you were given permission. It's just that people made a calculation about saving lives.

These bastards are lucky the authorities did not respond they way they would have done 100 years ago.



So the DoJ basically had trespassing on the guy but they decided to prosecute him as if he was a terrorist anyway.

How dare the DOJ prosecute people for a violent attempt to overthrow the first republic and install Trump as leader! Biden should have given them all medals of honor for being such big patriots.
 

Buckeyes85

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So the DoJ basically had trespassing on the guy but they decided to prosecute him as if he was a terrorist anyway.
Really? What terrorist charges did they bring? (Answer none).

That said, I'm not going the route of others who presume the decision was based upon political bias, or any affinity for Trump. For all I know, this guy may have convicted others, but just not this guy.

I do question however how this guy could plausibly argue he believed it to be OK to go inside. Every Trumper present that day knew the Capitol was closed to visitors. And cops at the door who don't stop you don't have the authority to decide what the admission policy for the building is at any given time.

But the guy wasn't violent, didn't damage anything. I'm not going to lose sleep about him not being convicted.
 

Glitch

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How dare the DOJ prosecute people for a violent attempt to overthrow the first republic and install Trump as leader! Biden should have given them all medals of honor for being such big patriots.
Once again you demonstrate your lack of education in basic civics. Why am I not surprised?
 

Mr Person

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Bear in mind, it's proof beyond a reasonable doubt.

Without sitting through trial, the premise that someone might not know they do not have permission to enter becomes ridiculous when they are surrounded by a crowd attacking the Capitol Building. Lay siege to a city for a while and eventually resistance stops.....that doesn't mean you were given permission. It's just that people made a calculation about saving lives.

These bastards are lucky the authorities did not respond they way they would have done 100 years ago.

<Lutherf crap omitted>

How dare the DOJ prosecute people for a violent attempt to overthrow the first republic and install Trump as leader! Biden should have given them all medals of honor for being such big patriots.
Once again you demonstrate your lack of education in basic civics. Why am I not surprised?

How dare the communist liberal criticize violent Trumpists who literally attempted to kill a bunch of congress and Pence, then install an unelected person as leader!

:rolleyes:

Just more hyperpartisan idiocy tinged with rage.
 

Lutherf

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How dare the communist liberal criticize violent Trumpists who literally attempted to kill a bunch of congress and Pence, then install an unelected person as leader!

:rolleyes:

Just more hyperpartisan idiocy tinged with rage.
This guy wasn't violent. By all appearances he was prosecuted merely for the purpose of getting the number of people charged up to a figure that the commie liberals might swallow.
 

ttwtt78640

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Only a trump judge could make such a decisioin as other judges have found the defendants guilty.

Hmm…

“People were streaming by and the officers made no attempt to stop the people,” said the judge, an appointee of President Donald Trump.

The judge said that after Martin went inside, he generally milled around and stayed away from areas in the Rotunda where some demonstrators were taunting and skirmishing with police.


“He seemed quite quiet and orderly,” McFadden said. “He did not shout. He did not raise his flag.”

McFadden also said that while Martin was in the Capitol, he spent much of the time making videos with his phone, which the judge said wasn’t much different than what members of the press were doing.

McFadden called the first charge against Martin, knowingly entering in and remaining in a restricted area, a “close call.” The judge added: “But under our system of justice close calls go to the defendant.”
 

post

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Are you going to post any of the reasons the judge gave for the acquittal or is this thread all about your opinion, sans facts?

Consider also that these RWE "hacks" are chosen and intended as "time bombs". Justice Clarence Thomas elevated to the SCOTUS at age 42, this Trump appointed
judge, Trevor McFadden was nominated for the DC Federal Court at age 39...

Matthew Martin, who described Jan. 6 as a “magical day,” had faced misdemeanor charges for going into the Capitol during the insurrection.
April 6, 2022
" A federal judge on Wednesday found that a New Mexico man “reasonably believed” that police officers let him into the US Capitol during the Jan. 6 breach, ...

Announcing his decision from the bench, US District Judge Trevor McFadden said that although prosecutors argued there were numerous instances when Martin would have been aware that he wasn’t allowed on Capitol grounds or inside the building — as he walked past fences with signs saying “AREA CLOSED” and recorded video of a broken window, blaring alarms, police in riot gear, and people who appeared to have encountered tear gas — those were outweighed by Martin’s “plausible” belief that he had permission because officers didn’t try to stop him from entering.

..Martin’s conduct was as “minimal and non-serious” as the judge could imagine for someone who went into the Capitol on Jan. 6. He said that Martin seemed to be a “silent observer” of the scene and didn’t try to crowd the police, protest, or wave the “Trump” flag that he was carrying..."

"...

Tenure​

...In June 2019, McFadden ruled .. This ruling contradicted the 2015 ruling of the .. in U.S. House v. Azar, in which the court found that then-Republican-controlled House of Representatives had standing in a lawsuit against President Obama's Affordable Care Act. In September 2020, the U.S. Court of Appeals for the D.C. Circuit overturned McFadden's decision and reinstated the House's lawsuit. ..the appellate court held that a single chamber of Congress has "standing to pursue litigation against the Executive for injury to its legislative rights"; ,,the Trump administration's argument .. as a position that "turns the constitutional order upside down."

..chairman of the House Ways and Means Committee, has litigated to obtain Trump's tax returns, but McFadden has ruled other matters should be litigated prior to any such release. ..
...
In February 2021, ...McFadden granted Cudd's request to travel to Riviera Maya in Mexico.." on the grounds that she had no previous criminal history, with no objection from Cudd's pretrial services officer or the prosecutor. Subsequent to Cudd's filing of her travel request, she was indicted on five federal counts, including one felony, relating to her alleged activities during the January 6, ..Capitol.
.
 

post

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Are you going to post any of the reasons the judge gave for the acquittal or is this thread all about your opinion, sans facts?

March 24, 2022
"The reason we can be absolutely certain that McFadden rewarded Cudd because she doubled down on the glee with which she interfered with the vote certification (aside from his repeated explicit promises to sentence January 6 defendants lightly) is because we can compare her sentence with that of her co-defendant Eliel Rosa, who is different from Cudd in five ways: Rosa is an immigrant from Brazil, he pled guilty to a less serious misdemeanor than Cudd (parading versus entering restricted grounds), he not only fully cooperated with the investigation but actually turned himself in, unlike Cudd he was not in communication with the Proud Boys, and unlike Cudd, he is not known to have endorsed revolution the night before the riot.

McFadden sentenced Rosa to a longer period of probation than he did Cudd.

As the government has repeatedly described, after Cudd went to the rally on January 5, she came back to her hotel room at the Willard Hotel and endorsed a revolution..."

If you draw Judge McFadden as your January 6 charges defense attorney.... whoops! I mean, judge...

December 30, 2021

"..DC District’s Trumpiest judge here uses diversions most likely necessitated by the legal abuses and bureaucratic incompetence of the Trump Administration to claim that Jan6ers are being treated poorly. He focuses on arrests made, in very significant part, to fulfill Barr’s priority on such prosecutions in summer 2020, while ignoring the legally suspect circumstances created by Barr’s effort to gin up arrests. And he does so even as he refuses discovery that might confirm this most obvious of explanations.

The proper comparison to the cases McFadden focuses on would be to examine the arrests on January 5 and 6 in DC made by Federal officers away from the Capitol, such as Freedom Square. Yet in that case (particularly at the Washington Monument before the riot kicked off), the evidence suggests that Federal officers were far too lenient on Jan 6, even in the nation’s Capitol on Federal land. At least in the three cases as the center of this dispute, the disparate treatment in Portland appears to have come in the arrests outside of Federal property, not the prosecutorial diversions of those arrests later. Such a comparison would make it clear that Federal authorities treated Trump’s supporters far too lightly, not the opposite..."
 
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Razoo

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He was surrounded by violent protestors in action.......... what did he think was happening? I would imagine the verdict will be appealed.... maybe a new charge will be introduced?
 

Razoo

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He was surrounded by violent protestors in action.......... what did he think was happening? I would imagine the verdict will be appealed.... maybe a new charge will be introduced?
Is that (bolded above) a crime?
Conspiracy to over throw the USA........ people who join a protest usually know they are joining a protest and why they are joining a protest. I always know why I join a protest......if I did not know why I would not be actively involved the protest.

Protesting is patriotic .......
 
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Shrink726

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He was surrounded by violent protestors in action.......... what did he think was happening? I would imagine the verdict will be appealed.... maybe a new charge will be introduced?
Unless I'm mistaken, that's not possible. That would be double jeopardy. Once acquitted it's a done deal. Unless the prosecutor has new charges.
 
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