Defendant Moves to Dismiss Jan. 6 Case Based on Newly Disclosed Footage, FBI Testimony

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Every single J6 political prisoner should be released. The newly released footage is exculpatory evidence.

UPDATE UPDATE UPDATE 6:40PM: Jan. 6  Trial Paused Due to FBI Allegedly Altering Evidence

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Defendant Moves to Dismiss Jan. 6 Case Based on Newly Disclosed Footage, FBI Testimony

By: Zachary StieberEpoch Times,

A defendant in the Proud Boys trial over Jan. 6, 2021, charges moved on March 9 to dismiss the case, after some footage from the day of the breach was shown for the first time.

Dominic Pezzola is one of the Proud Boys members on trial for obstruction of an official proceeding and other charges. The newly disclosed footage, shown on Fox News this week, “is plainly exculpatory,” Pezzola’s lawyers said in the new motion.

“It establishes that the Senate chamber was never violently breached, and—in fact—was treated respectfully by January 6 protestors,” the motion reads.

Among the clips Fox’s Tucker Carlson broadcast was one of Jacob Chansley, another defendant who’s serving a jail sentence after pleading guilty, walking around accompanied by police officers. The officers didn’t stop Chansley and even tried to open doors for him. He eventually made it into the Senate chamber, where he and others later knelt and prayed. Chansley, during the prayer, gave thanks to the officers for “letting us into the building.”

Pezzola also entered the Capitol, and prosecutors have argued that he and others being inside forced Congress, which was certifying electoral votes from the 2020 election, to go into recess.

However, the new footage shows that members “could have continued proceedings,” Pezzola’s attorneys said.

“It was not Pezzola or codefendants who caused the Congress to recess,” the attorneys said. “Congress interrupted its own proceedings.”

The lawyers are asking U.S. District Judge Timothy Kelly, a Trump appointee overseeing the case, to dismiss it. He’s asked in the motion to declare a mistrial if he rejects that request.
Epoch Times Photo
Dominic Pezzola in a file image. (DOJ via The Epoch Times)
Brady Violations

Prosecutors must not withhold evidence that can be exculpatory. The rule was crystallized in Brady v. Maryland, a 1963 Supreme Court decision.

“Suppression by the prosecution of evidence favorable to an accused who has requested it violates due process where the evidence is material either to guilt or to punishment, irrespective of the good faith or bad faith of the prosecution,” the decision states.

Zachary Rehl, another Proud Boys defendant, requested all information regarding Congress going into recess on Jan. 6, 2021, in late 2021.

“While Brady obligations do not extend to the entirety of the government, they do include investigative agencies or agencies closely related who knew or should have known that information would be material to a prosecution arising from their direct involvement. Here the U.S. Capitol Police are directly related and fully aware of the events of January 6, 2021,” lawyers for the defendants said.

They cited previous court decisions, including one that found that a prosecutor “has a duty to learn of any favorable evidence known to the others acting on the government’s behalf in the case, including the police.”

“We will respond through the court,” a spokesperson for the U.S. Attorney’s Office for the District of Columbia told The Epoch Times via email.

The U.S. Capitol Police didn’t respond to a request for comment.

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Walter Sieruk
Walter Sieruk
1 year ago

The banner had held up at this patriot rally has a good valid and true point. For It reads “Guilty of Loving America.” For the American patriots, Ashli Babbitt and Rosanne Boyland must have been found “guilty’ by two different leftists appointed vigilante “police” and ruthlessly and maliciously murders by them for “Loving America.”

Furthermore, a good number of months ago this must recent Tucker expose he had made a much earlier video about that schemed left. wing set up on that terrible day On a Fox News program listed on FoxNation ep 82 Tucker Carlson interviewed in investigative journalist Julie Kelly about the so called “insurrection” which occurred on January 6th 2021.

In this interview she explained that ”The Biden regime is turn against Americans on the political right.

There relating to Biden and the many leftist judges who are now in power are actually condemning Conservatives Americans for even doubting the legitimacy of the 2020 November election.

This is as terrible as it’s also unjust that people in this country can now be condemned for ideas, “thought crimes.”

This injustice and violation of the American Patriots Constitutional rights and basic human rights on that day and afterwards after Joe Biden took Office is an affront to all that is good, decent just and right.

For example on patriot at the pro –Trump rally even though he didn’t break any laws by was arrested anyway by the Capital police. I use the word “police” loosely when referring to some of those Capital “police.”

That man had the leftist judge sentenced him to prison because he discovered that this man a keyboarded and posted some negative comments about Joe Biden, Nancy Pelosi and his questioning the legitimacy of the 2020 national election results.

Then Carlson, rightly, said about that “This is America and the US Constitution guarantees freedom of speech.”

That “guarantee” must be meaningless with that Un-American Biden sitting in the White House Oval office and his politically correct judges in power.

It’s unbelievable how corrupt and tyrannical since Biden took Office. No wonder he favors Red China in his international polices .For he must like such dictatorial powers.

In the interview, it was revealed that the only people who were murder at that place at that time had been Trump supporters and the report that a Capital police officer was beaten to death by Trump supporters as a lie and a complete fabrication.

That was probably made up to that fact of two young patriot woman who were killed by Capital “police.” One young woman, Ashli Babbitt , was shot through a closed door and her was unarmed and non –violent. The other young woman Rosanne Boyland, was beaten by them and chased in a nearby tunnel by them and murder by them. This is North Korea or America. ?

For some people vicious actions of the Capital “police” by how they harmed Rosanne Boyland so terrible that she because unconscious and they attempted to revive her but the Capital police stopped them “ Are they that Capital police of America ? This wicked murderous behavior is more fitting for the Capital police of Communist China.

Patti
Patti
1 year ago
Reply to  Walter Sieruk

Why do you need to bore people with a rambling nonsensical lecture? Everyone else just comments.

Fork It
Fork It
1 year ago
Reply to  Patti

Rambling? Yes. However, little uneducated one, how was it “nonsensical”?

Jan Hellsund
Jan Hellsund
1 year ago

Not only should the prisoners be released, but they should be generously compensated.

Cowgirl Diva
Cowgirl Diva
1 year ago
Reply to  Jan Hellsund

….and given positions in the government right away…!!

Snowedin
Snowedin
1 year ago

All of the Real Trump supporters should be released and paid for their false incarceration and the loss of their jobs, the physical and mental, trauma and abuse that they were forced to endure.

Cowgirl Diva
Cowgirl Diva
1 year ago

THIS is something we have known from the get go….these people are innocent….completely innocent..!! They must be released, however, it doesn’t look like they will be until the current Communist regime is out of “power”…!! This is going to get worse before it gets better…! We must continue to stand against this tyranny…!!

Grendel
Grendel
1 year ago
Reply to  Cowgirl Diva

The “current Biden Crime Syndicate MUST be removed and HANGED for their Crimes Against the Republic ….. it is called TREASON

Grendel
Grendel
1 year ago

If ANYONE deserves “reparations” …. it is the J6 Patriots, who still rot in jail without hearing.

It IS NOT a bunch of blacks who were NEVER SLAVES, in a State that NEVER HAD SLAVES, paid by those who NEVER OWNED SLAVES.

The J6 Patriots should receive $1000 for each day that they have been held, paid for by democrats who foisted this Biden Crime Syndicate upon the American Citizenry.

TRM
TRM
1 year ago

Geller endorses the J6 insurrection again. What a surprise.

Adam Selene
Adam Selene
1 year ago

Withholding exculpatory evidence is defined as a crime as stated in the Brady v. Maryland, case; a 1963 Supreme Court decision. Prosecute the prosecutors that literally caused their clients to go to prison.

HardrockD
Hardrock
1 year ago

The Scum Guards that have been abusing the J6 captives need to be dealt with most harshly. They are lucky I’m not in charge.

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Thanks for sharing!