Ethan Nordean will appeal bail denials, layoffs

Ethan Nordean

Image via FBI

Four members of the radical group Proud Boys accused of plotting and obstructing the January 6 attack on the US Capitol have appealed. Donald Trump– the appointed judge denied their request for bail hearings and recommended dismissal.

Ethan Nordean, Joseph Biggs, Charles Donohoe, and Zachary Rehl communicated and coordinated during the January 6 siege in which many Trump supporters defeated police on Capitol Hill to try to prevent the Electoral College vote counting and certification Joe Biden’s win the 2020 presidential election, according to a February indictment, the men celebrated the attack on social media and in subsequent encrypted chat networks.

Since then, they have been charged with conspiracy, destruction of government property, tampering with witnesses and obstructing the formal process of Congress.

That last charge proved to be a thorn in the side for prosecutors, as many defendants sought to dismiss it. So far, all those efforts have failed.

But Nordean and his accomplices remain undeterred, filing a US District Judge’s notice of appeal Timothy Kelly’s The December 14 order denied their offer to reopen the bail and Tuesday’s order denied motion to remove.

Kelly’s Opinion Rejecting the Offer of Fire Based primarily on a Dec. 10 ruling from a U.S. District Judge Dabney Friedrich, another Trump-appointed judge who allowed the obstruction charge to at least go into effect two outstanding cases on January 6.

In one of those cases, US and Sandlin, Frederick lay the groundwork upon which other judges may rely to determine whether obstruction charges should be dismissed.

Friedrich largely rejected these important arguments of the defendants: that the certificate of the Electoral College was not an “official procedure” for statute purposes, that the statute was meant to protect integrity and availability of evidence, and the word “corruption” is ambiguously unconstitutional.

After categorically rejecting “official procedure” and arguing in defense of the evidence, Friedrich said that although “corruption” in the statute was not vaguely unconstitutional, whether a defendant engaged in corrupt conduct or not is a fact-based determination that may vary from case to case. .

Kelly, judge in Nordean, is cited for Friedrich’s judgment, but he also spent considerable time analyzing – and ultimately refuting – Nordean the defendants argued that their actions on Capitol Hill were protected by First Amendment rights to free speech.

“It’s not,” Kelly wrote. “Whether the Defendants were politically motivated or whatever political message they wished to express, this alleged conduct is simply not protected by the First Amendment. As they argued, the defendants were not charged for anything like burning flags, wearing black armbands, or merely participating in protests or sitting still. Furthermore, even if the alleged conduct had some expressive aspects, it has lost any First Amendment protection it might have had. “

United States District Judge Amit Mehta, One Barack Obama appointee, also rejected similar attempts by another defendant on 6 January to reduce the obstruction fee.

Nordean’s notice of appeal was not his only legal action on Wednesday. He has also filed a request for an evidence hearing that supports his claims of “selective enforcement”, signaling his clear intention to try and force the government to explain why. why has he been charged with relatively felony charges related to January 6 while others he claims to have a “similar position” have either been ignored by the government, or face charges forced less severe.

[Image via FBI]

Is there a trick we should know? [email protected] Ethan Nordean will appeal bail denials, layoffs

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