Last week it came out that the DOJ fucked up in a major way by holding Lucas Denney aka #Poletosser in custody for 85 days before charging him with a crime...
Yahoo News
U.S. Magistrate Judge Zia Faruqui delivered the stern rebuke to federal prosecutors at a hearing for a Texas man who the judge said was “lost” in the court system after being arrested in December and accused of assaulting police officers during the storming of the Capitol.
“You have been lost for months,” Faruqui told Lucas Denney of Mansfield, Texas, during a hearing in a Washington courtroom. “There’s no excuse to treat a human being like that. … There is no circumstance under which any person should be forgotten.”
Faruqui said the mammoth nature of the federal investigation, which has led to charges against more than 750 people, was no justification for Denney’s languishing in custody.
Justice Department Prosecutors admit mistakes were made...
CBS News
Under the Speedy Trial Act, a formal indictment must be brought by a grand jury against any defendant within 40 days of criminal complaint. But in Denney's case, prosecutors failed to do so, instead indicting him on a single count of assaulting or impeding officers on March 7, 2021, months after his initial arrest in December.
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"Each day Mr. Denney remains in custodial detention is an additional day that his liberty rights are denied without due process in violation of his rights under the Fifth Amendment," Denney's defense attorneys wrote, "Mr. Denney should not be made to sit in a jail cell even a single day longer while the Government tries to explain away its failure to comply with the law."
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"The charges against Denney are of the utmost seriousness. Those charges arise within the context of the attack on the U.S. Capitol, on January 6, 2021, a criminal offense unparalleled in American history," Monday's filing said.
"There is no evidence of bad faith, a pattern of neglect, or something more than an isolated incident that resulted from a number of unfortunate factors," prosecutors added.
The government is essentially asking for a do-over...
Politico
Federal prosecutors admitted Monday to losing track of one jailed defendant in the storming of the Capitol and conceded that the indictment against him should be dismissed, but they urged a judge to permit the charges to be refiled because of the seriousness of his alleged attack on police during the Jan. 6 riot.
In a highly unusual court filing, lawyers from the U.S. Attorney’s Office said the handling of the case against Texas resident Lucas Denney violated his rights under the Speedy Trial Act. Prosecutors said errors and oversights led to Denney sitting in a Virginia jail for weeks last month as he awaited his first court appearance in Washington, D.C.
“There was nothing intentional or nefarious about the delay. It was an isolated incident, unlikely to happen again, and the time frame —while undoubtedly regrettable — is nevertheless not significantly egregious to warrant dismissal with prejudice,” Assistant U.S. Attorney Jennifer Rozzoni wrote.
Today, Denney’s lawyer saw this as an opportunity and went for broke to cut losses...
Raw Story
Texas Three Percenter leader Lucas Denney came to court on Monday prepared to plead guilty to one count of assaulting a law enforcement officer at the US Capitol on Jan. 6, 2021, but a federal judge’s decision to postpone the hearing gives the government time to go back to the grand jury to obtain a new indictment.
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"Mr. Denney is here and ready to admit his conduct, and plead guilty for the one charge against him," Shipley told the court.
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Shipley, the defense attorney told Judge Moss that Denney is a four-year veteran of the US Army with combat experience, who has no criminal record and is the sole custodial parent of two teenagers. Judge Moss said on Monday that were Denney to only plead guilty to only the single count of assault on law enforcement, he could face 27 to 36 months in prison.
"Your client could end up with a very lengthy sentence in a rush to prevent the government from returning a superseding indictment," Judge Moss told Shipley.
The judge put off any decision on the matter until Thursday...
WUSA
Shipley told Moss the DOJ had gotten the hasty indictment in a bad faith attempt to stave off his motion to dismiss the initial complaint, and that he was worried any further delays would allow them to go to the grand jury again to “escape from the trap they’ve set themselves.”
Instead, he said, Denney should be allowed to plead guilty Monday to the single charge the government had indicted him on.
Moss put a pin in that until at least Thursday, however, saying he wasn’t sure what the law required in the unusual situation Denney found himself in. He also said, while he realized Shipley and Denney were trying to preempt a superseding indictment with more felony counts, a quick look at the sentencing guideline for Denney suggested he could be facing 47-56 months in prison “in a rush to cut the government off.”
In the interim, Moss told Rozzoni and Shipley to communicate about the details of a guilty plea and to come back on Thursday with their estimates of what Denney’s recommended sentence would be.
The FBI continues to seek the public’s assistance in identifying individuals who participated in unlawful conduct during the Capitol Insurrection. New images are added frequently...
If you have information about individuals who participated in the largest assault on police officers in U.S. history at the Capitol Riot on January 6th, call 1-800-CALL-FBI (1-800-225-5324) or leave a tip online at the FBI’s website.
If you just can’t get enough information about the terrorists who tried to usurp our democracy, then these links are for you…
Department of Justice Capitol Breach Cases
FBI US Capitol Violence Most Wanted
Insider Searchable Table
George Washington University Spreadsheet — Updated Daily
NPR — Updated Database
seditiontracker.com
ProPublica Capitol Riot videos lifted from Parler
KUMU — Capitol Riot Insurrectionist Networks
Just Security — January 6th Clearinghouse
The Trace — Capitol Riot Gun Arrests
USA Today January 6 Capitol Riot Arrests
Sedition Hunters - Sedition Insiders Photo Gallery
Politico January 6 Insurrection Sentencing Tracker
I think this could go either way to tell you the truth...