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

[pyetro]

The prosecution didn't DENY defense requests, it IGNORED them deliberately. Heads need to roll; lawyers need to be disbarred AND sentenced to jail time. This is a violation of the foundation of our legal system.

bookmarked so i can make fun of you when there's no new trial.

 

[Marener]

The judge is a deep state fucktard.

Then he can appeal to a higher court.

Are you done being bitchslapped by me in this argument or would you like some more?

 

[struth]

You admitted they didn't have that video. They can't turn over something they didn't have.

The Govt had the video...that's how we finally got to see it, because the Govt finally made it public. The Govt can't hide evidence, that is a Brady violation.

“a duty to learn of any favorable evidence known to the others acting on the government’s behalf in the case, including the police.” - Kyles v Whitley https://www.actl.com/docs/default-s...io-guide-for-prosecutors.pdf?sfvrsn=c1df747_4

 

[struth]

So it's not a fact then.

Yes, it is without question the lawyers stated they did not ever get these videos from the Govt. That's absolutely a fact

 

[Marener]

Yes, it is without question the lawyers stated they did not ever get these videos from the Govt. That's absolutely a fact

It's a fact they said it.

It's not a fact that his statement is true.

You're confused.

 

[struth]

It's a fact they said it.

It's not a fact that his statement is true.

You're confused.

The DOJ admitted they didnt. All they have said is they made a lot available, they did not admit they made the video in quesition available to the defense.

 

[Marener]

The DOJ admitted they didnt.

You claimed this before and I asked for a source, but you ignored it.

You're also ignoring the fact that discover was ongoing and that it never went to trial.

 

[Faun]

She wasn't leading anything, and she was shot unarmed halfway through a window.

But since she's a righty, you don't give a fuck.

She was breaching a police barricade as that mob was breaking through the doors and windows. The police did what they had to do to keep that mob out. She just happened to be the first one breaking through. And that cop is a hero who kept lawmakers safe by keeping that rabid, violent mob out.

 

[easyt65]

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

Every single J6 Protestor whose defense team was denied access to these videos should have their convictions thrown out and receive a new trial.

The prosrcutors should be admonished / disbarred.

 

[martybegan]

Then he can appeal to a higher court.

Are you done being bitchslapped by me in this argument or would you like some more?

LOL bitchslapped?

All you do is say the same thing over and over ignoring any real implications of misbehavior by the government because you are enthralled by the government. '

Baaaaaaaa.

 

[struth]

You claimed this before and I asked for a source, but you ignored it.

You're also ignoring the fact that discover was ongoing and that it never went to trial.

i’ve provided it

 

[martybegan]

She was breaching a police barricade as that mob was breaking through the doors and windows. The police did what they had to do to keep that mob out. She just happened to be the first one breaking through. And that cop is a hero who kept lawmakers safe by keeping that rabid, violent mob out.

She was half in and out of the window, and he was the only cop the whole day who felt the need to. There were SWAT armed cops on the same side of the barrier and they didn't feel the need to open fire.

Look at the video of the aftermath, heavily armed cops amongst the crowd, with no one else being shot at.

The guy panicked and shot an unarmed woman.

But of course since she was a righty, it's OK in your book.

Pour Encouragement les Autres isn't a justifiable reason for deadly force.

 

[Faun]

I'm sure they had all of them, just like the House committee did.

LOLOL

Your uninformed opinion is noted and laughed at.

 

[Faun]

It shows how peaceful he was, and how he was actually being lead getting a tour by the Capitol Police. Did you read the OP? It completlely undermines the Xiden DOJ's false narrative that he was some violent character

LOL

It doesn't matter if he was peaceful or not. He could have handed coos flowers and candy. He wasn't charged for being violent. He was charged because he was inside the Capitol with a mob which caused Congress to have to recess.

 

[struth]

LOL

It doesn't matter if he was peaceful or not. He could have handed coos flowers and candy. He wasn't charged for being violent. He was charged because he was inside the Capitol with a mob which caused Congress to have to recess.

The narrative the XIden DOJ went with about him was a lie....this video clearly shows that, that is favorable evidence to the Defendant and required under the law to be turned over.

 

[Marener]

LOL bitchslapped?

All you do is say the same thing over and over ignoring any real implications of misbehavior by the government because you are enthralled by the government. '

Baaaaaaaa.

You haven’t described any misbehavior. You are making arguments based on hypotheticals or misunderstanding of what due process actually is.

Chansley took a plea deal because he was fucked. We all know it.

 

[Faun]

Yes, it's clear they are admitting they didn't turn it over. I am not denying that the Dems on the Jan 6th "committee" likely hide the tapes from even the DOJ, but that doesn't matter....it's iin the Govts position, Brady still applies.

LOLOL

Brady does not apply to evidence prosecutors don't have.

 

[Marener]

i’ve provided it

The link you provided had nothing referring to Chansley’s case.

So you’re a liar.

 

[struth]

LOLOL

Brady does not apply to evidence prosecutors don't have.

Br

Brady applies to the GOVT....the GOVT had these videos

 

[struth]

The link you provided had nothing referring to Chansley’s case.

So you’re a liar.

Hahahah it had to do with the videos....Chansley's case was one of many impacted by the Govt violating their US Constitutional rights.

Keep making excuses for your Demafascist that shit all over the rule of law and lied