Qanon shaman...likely to get a new trial considering the government withheld video evidence from the defense....

[AMart]

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.”
------
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.

‘It’s Appalling’: QAnon Shaman’s Lawyer Says DOJ Lied, Withheld Videos Aired By Carlson | The Daily Wire

www.dailywire.com

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.
----
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.

DOJ broke the law when prosecuting "Q-Anon Shaman"

hotair.com

And the same for many others. Government withheld evidence.

 

[Care4all]

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.”
------
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.

‘It’s Appalling’: QAnon Shaman’s Lawyer Says DOJ Lied, Withheld Videos Aired By Carlson | The Daily Wire

www.dailywire.com

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.
----
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.

DOJ broke the law when prosecuting "Q-Anon Shaman"

hotair.com

A new trial?

He never went to trial, the Shaman plead guilty.

 

[JoeB131]

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.

Not really.

One, he admitted to the crime.

Two, showing film of you not robbing the bank is not excusing the fact you robbed the bank and were caught on film doing it.

"See, see, I was not robbing the bank at 3:30 PM."

"Um, yeah, but you were robbing it at 3:31."

 

[BlueGin]

Its worse than just a new trial for DOJ, he has them dead to fucking rights for conspiring to deny/obstruct his civil rights, which will translate to a multi-million dollar pay out. He's not going to trial, they are gonna have to vacate his plea/conviction altogether, and then hope to buy him and his attorney off!

Do you folks have any idea how evil this shit has been, and in absolute spirit of bipartisan-ship, its not nearly restricted to just the fascist democrat party, it clearly involved leadership in the fascist rino party as well, they all conspired to perpetrate this nakedly aggressive sedition upon the people of the United States, just as they are doing along that southern border, they all should be put to death, all of them!

If what reporters are saying on Twitter is true. Apparently the DOJ put these guys on lockdown after the video aired and they are being denied the ability to even talk to their families.

 

[Billy_Bob]

A new trial?

He never went to trial, the Shaman pleas guilty.

The plea will be vacated. The judge has no choice but to do so. The now provable Brady violations are sufficient cause to do so.

 

[DudleySmith]

Its worse than just a new trial for DOJ, he has them dead to fucking rights for conspiring to deny/obstruct his civil rights, which will translate to a multi-million dollar pay out. He's not going to trial, they are gonna have to vacate his plea/conviction altogether, and then hope to buy him and his attorney off!

Do you folks have any idea how evil this shit has been, and in absolute spirit of bipartisan-ship, its not nearly restricted to just the fascist democrat party, it clearly involved leadership in the fascist rino party as well, they all conspired to perpetrate this nakedly aggressive sedition upon the people of the United States, just as they are doing along that southern border, they all should be put to death, all of them!

The irony is all the leading Democrats announced their support and membership in 'The Resistance' when their scumbag Hillary lost her election. They were, and are, clearly the only real insurrectionists in sight, and they know it, even if the GOP establishment is passively helping them get away with this. At least a third of them need to be charged as well.

 

[2aguy]

Not really.

One, he admitted to the crime.

Two, showing film of you not robbing the bank is not excusing the fact you robbed the bank and were caught on film doing it.

"See, see, I was not robbing the bank at 3:30 PM."

"Um, yeah, but you were robbing it at 3:31."

Wrong.....he took a plea based on a prosecution that hid wxculpatory evidence

 

[2aguy]

Not really.

One, he admitted to the crime.

Two, showing film of you not robbing the bank is not excusing the fact you robbed the bank and were caught on film doing it.

"See, see, I was not robbing the bank at 3:30 PM."

"Um, yeah, but you were robbing it at 3:31."

Nope......they were asked for this evidence and they hid it.....doesnt matter now what it shows

 

[Winco]

He pled guilty.

He should have taken it to trial.

 

[DudleySmith]

If what reporters are saying on Twitter is true. Apparently the DOJ put these guys on lockdown after the video aired and they are being denied the ability to even talk to their families.

They will deliberately wreck their health as long as they are in custody, so even if they survive and are freed they will be permanently injured for life as well as bankrupted.

 

[DudleySmith]

He pled guilty.

He should have taken it to trial.

meaningless. They have little money to fight commies with unlimited money to hound them. They were extorted, same as with all that 'impeachment' scam 'testimony' you vermin love so dearly.

 

[Billy_Bob]

This thing is blowing up... I wrote about it here:

Exposing the Deep State Actors, Establishment Democrats and Republicans

 

[Marener]

It’s not exculpatory.

 

[Billy_Bob]

He pled guilty.

He should have taken it to trial.

NO... The judge had duty to make sure that all evidence was presented. it was not. The judge did not due his due diligence. He has no choice but to vacate the plea now that prosecutorial misconduct is expsoed.

 

[Billy_Bob]

It’s not exculpatory.

The excuse that it was a "national Security safety issue" that Pelosi used to restrict access was shown to be a lie. This thing is now a major issue for the democrat party and the establishment clowns. Yes, it was exculpatory as it can exonerate the accused.

 

[Marener]

Explain how it’s exculpatory.

 

[Billy_Bob]

Explain how it’s exculpatory.

I added it to that post. But for you, it's any evidence that can prove the prosecutors charges are not provable., which this does. It is a Brady Act violation.

 

[Marener]

I added it to that post. But for you, it's any evidence that can prove the prosecutors charges are not provable., which this does. It is a Brady Act violation.

How does the video prove the charges aren’t provable?

 

[CrusaderFrank]

And the conspiracy starts with Nancy Pelosi, Biden, Schumer, and even Mitch McConnel... Liz Cheney, Adam Kinzinger and the list goes on of deep state actors in both parties...

Hang them high!

 

[Billy_Bob]

How does the video prove the charges aren’t provable?

very simple. The officer leads him around and accompanied him. This act alone imparts that the actions he was engaged in were ok. He was not denied access, and the officers were no in fear for their own safety. The actions of the officers implied that what was happening was ok. This is not going to end well for the prosecutors. this is exculpatory evidence which exonerates him.