Federal judge gently pats zip tie insurrectionist on the head, and sends him home

[Yo_Mama_Been_Loggin]

In an asinine display of credulousness, a Texas federal judge named Jeffrey Cureton decided that committed insurrectionist and retired Air Force Lt. Col. Lawrence Brock could spend the next few weeks at home drinking Coronas and watching Netflix instead of cooling his heels in jail for his part in terrorizing U.S. government officials during the Jan. 6 attack on the U.S. Capitol.

As reported by Forbes:

A federal judge released Larry Rendall Brock Jr.— a former Air Force officer who carried zip-ties on the Senate floor during last week’s Capitol insurrection—from custody Thursday, despite the fact the FBI said he was radicalized and spoke of committing violence, as concerns loom about another insurrection attempt during President-elect Joe Biden’s inauguration.

Brock was famously photographed in full combat gear carrying zip ties on the Senate floor. According to the U.S. Attorney’s office, which argued for his continued imprisonment pending trial, Brock intended to take members of Congress hostage and possibly execute them.

https://www.dailykos.com/stories/2021/1/15/2009365/-Federal-judge-gently-pats-zip-tie-terrorist-s-hand-and-sends-him-home?detail=emaildkre

[mucifer]

1. "DOJ" said there was no real threat. So all is FINE

[avebury]

2. Once Biden is sworn in let the military

call the guy back up to active duty and court martial him and strip him of everything.

[Angleae]

8. I don't think they can court martial him anymore.

DOJ has already filed charges against him in federal court and you can't charge someone twice.

[avebury]

11. The DOKJ could drop the charges

if the military wanted to recall him.

[maxrandb]

12. There is no double jeopardy in the UCMJ

After the civilians are done with him, we can still get our pound of flesh.

[Angleae]

15. Double jeopardy is in the US Constitution.

The military can't ignore it.

[maxrandb]

17. Double Jeopardy does not apply in all UCMJ cases due to the doctrine of dual sovereigns

Civilian Criminal Charges

A service member who faces trial in civilian criminal court, whether a state court or a foreign court, can also face trial in a court-martial for the same incident, even if he or she were acquitted in the civilian court. This is due to the doctrine of separate, or dual, sovereigns. Under this important limitation to the double jeopardy rule, the state or foreign government is seen as a different sovereign from the federal government and each sovereign has the right to enforce its own criminal laws.

In essence, the same criminal act can constitute two offenses, one against each sovereign. One area where this is often made apparent is when a service member is charged with a DUI by local authorities.

It also doesn't apply in a case where we may take Non-Judicial Punishment actions under the UCMJ. NJP can be used to obtain an Other than Honorable discharge which would strip benefits from servicemenbers.

[Angleae]

18. Except the military and federal courts are the same "sovereign" (federal govt)

This would only matter in a federal/state or federal/foreign or state/foreign situtation (or for that matter federal/state/foreign)

[underpants]

3. "Torch"

"Torch" was his nickname at the Air Force Academy.
He dropped ordinance early setting a range on fire. He was known to be an idiot.

[MagickMuffin]

4. I know someone who went to school with Brock

He showed his white supremacist tendencies back then.

[Budi]

5. Explains why McConnell seated Fed Judges faster than flies to fresh dog poop

[rzemanfl]

7. Do we know this is a Drumpf appointee? I will find out. n/t

[rzemanfl]

9. The Magistrate Judge is a 2010 appointee. Magistrates are appointed by judges and

are not confirmed by the Senate.

[Budi]

10. Thanks. ( I still despise McConnell)

[rzemanfl]

13. In 2019 I had to drive through Kentucky.

I wrote in the guest book of the Paducah state run rest stop, "Fire Mitch McConnell!" It didn't work.

I like to think everything doesn't happen in open court, and the court and there may have been a reason to put him out in the world where he can communicate with others of his ilk. We will probably never know.

[Budi]

14. True. They probabaly scratched out your guestbook request as soon as they saw it.

But it was a cool signature!

[Fullduplexxx]

6. Star chamber is coming to mind

[BlueIdaho]

16. He is wearing an ankle bracelet

And has a court date set. He’s not off the hook - yet - he’s awaiting trial.