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Related: Editorials & Other Articles, Issue Forums, Alliance Forums, Region Forums'Did not contemplate defecating on anyone's desk' as Jan. 6 insurrectionist defense motion
Scott MacFarlane @MacFarlaneNews 15hI've never seen this written in federal criminal case before
In new motion, Jan 6 defendant Derek Jancart, who's pleaded guilty to disorderly conduct, asks court to spare him prison
*Among many other things, he argues..... "he did not contemplate defacating on anyone's desk"*
Link to tweet
peacefreak2.0
(1,023 posts)(There, got that out of the way).
bigtree
(85,986 posts)...
Bongo Prophet
(2,643 posts)SharonClark
(10,014 posts)But his lawyer left off:
Didn't spit on his mother
Didn't rape the librarian
Didn't knife his dad
. . .
tanyev
(42,541 posts)They went in there with a wish list of desks they wanted to take a dump on.
Baitball Blogger
(46,698 posts)right to vote.
NurseJackie
(42,862 posts)... or with what will be a good starting point to encourage a plea-deal. Some may take the deal, others may be willing to take-their-chances. It all remains to be seen.
jmowreader
(50,552 posts)Theres a real pain in the ass running around named Adam Kokesh. He got kicked out of the Marines for trying to bring an Iraqi rifle back from Desert Storm and was a professional troublemaker for quite a few years after that.
When he finally committed a felony the prosecutor gave him the lightest sentence she could think of because whats really going to hurt him is losing his gun rights.
And thats why Ive been wanting all the insurrectionists to be hit with the lowest-level felonies they can find on the books.
greenjar_01
(6,477 posts)The bar for these absolute shitbags is in the Marianas Trench.
Hugh_Lebowski
(33,643 posts)with the 'worst of the worst' because he didn't do the things that the worst people did (items which lawyer is laying out in this document).
If, in fact, all that someone did that was illegal/deplorable was trespass by walking around the Capitol building taking pictures, this is a somewhat minor offense.
Just sayin
Ocelot II
(115,661 posts)"Yes, Your Honor, he did invade the Capitol, but at least he didn't shit on anybody's desk like some of the others."
Hugh_Lebowski
(33,643 posts)... like you just did there
In any case, I do see the novelty value of those words appearing in a court filing
bigtree
(85,986 posts)Smacking down an insurrectionist's claim that he didn't know the Capitol was off limits, federal prosecutors are requesting jail time for the man they say remains "proud of his participation" in the events of Jan. 6.
Robert Reeder, of Maryland, pleaded guilty in June to a misdemeanor count of parading, demonstrating or picketing in a Capitol building. But his attorney took issue with language in the agreement, saying his client "wanted to establish for the record that he didn't force his way into the Capitol and 'did not realize he couldn't enter,'" according to a report from WUSA9, Washington's CBS affiliate.
Prosecutors responded in a sentencing memo filed Friday requesting that Reeder serve two months in jail, calling his claims "divorced from reality."
"The defendant would ask the court to believe that despite being tear gassed and shot with pepper balls, he was simply unaware that entry into the Capitol was prohibited at the time," prosecutors wrote. "A clear message must be sent to this defendant that he is being held responsible for all of his illegal conduct during the riots. Tellingly, (Reeder) continues to minimize his conduct...as an 'accidental tourist with a phone trying to document everything.' ... The defendant chose to stand among the crowd and record as they yelled 'Hang Mike Pence.'"
More from the DOJ's sentencing memo: "Although the Defendant has pleaded guilty to Parading in the Capitol he appears to be proud of his participation in the attack on the United States Capitol a violent attack that forced an interruption of the certification of the 2020 Electoral College vote count, threatened the peaceful transfer of power after the 2020 Presidential election, injured more than one hundred law enforcement officers, and resulted in more than a million dollars' worth of property damage," they added. "Indeed, the Defendant was so proud of his participation in the riot that he recorded it for the world to see to see him chant 'Fight for Trump' as he scaled the steps of the Capitol and headed toward the mob entering the building; to see him breach the Capitol twice; to stand by and videotape an officer being assaulted; and to hear him brag that he 'battled the police.' For the Defendant, these unlawful acts were a source of pride and accomplishment. For the nation, it was a permanent source of shame and sorrow."
https://www.rawstory.com/capitol-rioter-robert-reeder/
bottomofthehill
(8,327 posts)See the bold text below
They were involved in a riot declared by metropolitan police and the action of entering the building caused the House ans Senate to go into recess thus disrupting congress.
They should be hit with each of these that apply
(a) Any violation of § 10-503.16(a), and any attempt to commit any such violation, shall be a felony punishable by a fine not exceeding $5,000, or imprisonment not exceeding 5 years, or both.
10503.16. Unlawful conduct.
(a) It shall be unlawful for any person or group of persons:
(1) Except as authorized by regulations which shall be promulgated by the Capitol Police Board:
(A) To carry on or have readily accessible to the person of any individual upon the United States Capitol Grounds or within any of the Capitol Buildings any firearm, dangerous weapon, explosive, or incendiary device; or
(B) To discharge any firearm or explosive, to use any dangerous weapon, or to ignite any incendiary device, upon the United States Capitol Grounds or within any of the Capitol Buildings; or
(C) To transport by any means upon the United States Capitol Grounds or within any of the Capitol Buildings any explosive or incendiary device; or
(2) Knowingly, with force and violence, to enter or to remain upon the floor of either House of the Congress.
(b) It shall be unlawful for any person or group of persons willfully and knowingly:
(1) To enter or to remain upon the floor of either House of the Congress, to enter or to remain in any cloakroom or lobby adjacent to such floor, or to enter or to remain in the Rayburn Room of the House or the Marble Room of the Senate, unless such person is authorized, pursuant to rules adopted by that House or pursuant to authorization given by that House, to enter or to remain upon such floor or in such cloakroom, lobby, or room;
(2) To enter or to remain in the gallery of either House of the Congress in violation of rules governing admission to such gallery adopted by that House or pursuant to authorization given by that House;
(3) To enter or to remain in any room within any of the Capitol Buildings set aside or designated for the use of either House of the Congress or any member, committee, subcommittee, officer, or employee of the Congress or either House thereof with intent to disrupt the orderly conduct of official business;
(4) To utter loud, threatening, or abusive language, or to engage in any disorderly or disruptive conduct, at any place upon the United States Capitol Grounds or within any of the Capitol Buildings with intent to impede, disrupt, or disturb the orderly conduct of any session of the Congress or either House thereof, or the orderly conduct within any such building of any hearing before, or any deliberations of, any committee or subcommittee of the Congress or either House thereof;
(5) To obstruct, or to impede passage through or within, the United States Capitol Grounds or any of the Capitol Buildings;
(6) To engage in any act of physical violence upon the United States Capitol Grounds or within any of the Capitol Buildings; or
(7) To parade, demonstrate, or picket within any of the Capitol Buildings.
(c) Nothing contained in this section shall forbid any act of any member of the Congress, or any employee of a member of the Congress, any officer or employee of the Congress or any committee or subcommittee thereof, or any officer or employee of either House of the Congress or any committee or subcommittee thereof, which is performed in the lawful discharge of his official duties.
Hugh_Lebowski
(33,643 posts)Or even in some cases, released on their own recognizance.
Assuming they did NOTHING that was actually violent, nor stole stuff, nor defaced stuff.
Honestly I think it's a better look for the DoJ if they really stick it to the worst offenders (the violent/thieves/defacers/occupiers of the Senate Floor and Congressional Offices) but don't treat the 'just going along hoi-polloi' all that roughly.
The DOJ being able to say 'look, the people who could reasonably argue that they were really only protesting (albeit in a trespassing sort of way) ... were treated with some leniency' is probably a plus, in the end.
MHO.
I want the real baddies and organizers to end up really shafted though, to be clear. Including IQ45 and the complicit speakers at the Rally if possible.
bottomofthehill
(8,327 posts)Could possibly think they were just protesting. On Capitol Grounds waving signs, chanting hang mike pence, sure whatever, political speech, rhetorical, I dont think so, I think that many actually would have hung him but still protected speech
I guess although they built a gallows.
Once they entered the building that is where the protest ended and the clear violation of felony chargeable events occurred. They were not protesting but trying to overthrow an election through violent mob action.
I am not an attorney, but for the life of me and my common sense admitted non lawyerly mind, I dont see why those who entered the building are not charged with felonies.
If they entered your home under the same circumstances, they could have been shot, in Florida, if you are a school board member and a rioting crowd attacked your board meeting under stand your ground, you would be justified in shooing them. Everyone in the Capitol that day was causing the threat of violent action that led to the death of police officers and protestors.
Hugh_Lebowski
(33,643 posts)See, that's where I think it gets a little sticky, legally, when you drill down to 'motive for a particular individual'.
If you can find FB posts or tweets from the individual (or witnesses who are family members kind of thing) saying 'I am going to DC to disrupt the election certification through mob action' ... then yeah, easy case.
We may be all 100% convinced that this was the 'goal of everyone there', but in a court of law, I'm pretty sure a prosecutor needs some evidence of intent when making a charge like this against each particular individual.
And one thing that complicates this situation a little bit is the fact that they can argue they believed that the POTUS and some Congressmen ... basically gave them carte blanche for their actions from the podium before the rally.
Personally I'd love it if every single one of the people that entered the building got a felony beef and years in the fed pen, but I don't know that it'd be good for the country.
I also ponder the possibility that 'our side' might one day have to do something this extreme.
Of course, if that does ever happen, it will based on REALITY instead of bullshit fantasy like what prompted these friggin idiot traitors, but ...
Response to bottomofthehill (Reply #14)
Chin music This message was self-deleted by its author.
marble falls
(57,063 posts)Champp
(2,114 posts)As everyone knows.
Caliman73
(11,728 posts)That is his defense?
Sounds solid.
blueinredohio
(6,797 posts)whose desk did he shit on?