Justice Department Moves to Conceal Police Misconduct on January 6

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Preventing defendants from telling juries exactly what happened on January 6 is the Justice Departmentโ€™s latest attempt to cover up pervasive police misconduct.

After months of foot-dragging, Joe Bidenโ€™s Justice Department is preparing for the first set of trials related to its sprawling prosecution of January 6 defendants: Robert Gieswein, who turned himself in and was arrested on January 19 for his involvement in the Capitol protest, is scheduled to stand trial in February.

A week after his arrest, Gieswein, 24 at the time, was indicted by a federal grand jury on six counts including โ€œassaulting, resisting, or impedingโ€ law enforcement with a dangerous weapon that day. He has been behind bars ever since, denied bail while Judge Emmet Sullivan delayed his trial on numerous occasions. Gieswein is among 40 or so January 6 defendants held in a part of the D.C. jail system solely used to detain Capitol protesters.

Federal prosecutors accuse Gieswein of using a chemical spray against police officers and carrying a baseball bat. Clad in military-style gear, Gieswein climbed through a broken window shortly after the first breach of the building. He told a reporter on the scene that โ€œthe corrupt politicians who have been in office for 50 or 60 years . . . need to be imprisoned.โ€ Democratic politicians, Gieswein complained, sold out the country to โ€œthe Rothchilds and the Rockefellers,โ€ a remark the FBI investigator on his caseย describedย as an โ€œanti-Semiticโ€ conspiracy theory.

Ahead of Giesweinโ€™s trial, the Justice Department asked Judge Sullivan to strictly curtail how Gieswein can defend himself. A motion filed earlier this month argued Gieswein should not use self-defense against law enforcement as a reason for his actions on January 6. (Prosecutors also stated that Gieswein should not blame President Trump for his alleged criminal behavior,ย  claiming it is โ€œobjectively unreasonable to conclude that President Trump could authorize citizens to interfere with the Electoral College proceedings,โ€ a legal torpedo to the Democratsโ€™ nonstop accusations that Trump โ€œincitedโ€ the events of January 6.)

โ€œ[The] Defendant will not be able to put forth any evidence that he had a reasonable belief that his actions were necessary to defend himself against the immediate use of unlawful force,โ€ Matthew Graves, the new U.S. Attorney for the District of Columbia,ย wroteย in the December 1 filing. โ€œThrough his words and actions, the Defendant made plain his intent. The Court should exclude any testimony and evidence purporting to assert a claim of self-defense.โ€

Preventing Gieswein from telling a jury exactly what happened on January 6 is the Justice Departmentโ€™s latest attempt to cover up pervasive police misconduct. Giesweinโ€™s alleged offenses coincided with the time frame when Capitol and D.C. Metropolitan Police officers started attacking thousands of protesters assembled outside the building on January 6. 

Byย Julie Kelly

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