Defendant Moves to Dismiss Jan. 6 Case Based on Newly Disclosed Footage, FBI Testimony

Contact Your Elected Officials
The Epoch Times Header

A defendant in the Proud Boys trial over Jan. 6, 2021, charges moved on March 9 to dismiss the case, after some footage from the day of the breach was shown for the first time.

Dominic Pezzola is one of the Proud Boys members on trial for obstruction of an official proceeding and other charges. The newly disclosed footage, shown on Fox News this week, “is plainly exculpatory,” Pezzola’s lawyers said in the new motion.

“It establishes that the Senate chamber was never violently breached, and—in fact—was treated respectfully by January 6 protestors,” the motion reads.

Among the clips Fox’s Tucker Carlson broadcast was one of Jacob Chansley, another defendant who’s serving a jail sentence after pleading guilty, walking around accompanied by police officers. The officers didn’t stop Chansley and even tried to open doors for him. He eventually made it into the Senate chamber, where he and others later knelt and prayed. Chansley, during the prayer, gave thanks to the officers for “letting us into the building.”

Pezzola also entered the Capitol, and prosecutors have argued that he and others being inside forced Congress, which was certifying electoral votes from the 2020 election, to go into recess.

However, the new footage shows that members “could have continued proceedings,” Pezzola’s attorneys said.

“It was not Pezzola or codefendants who caused the Congress to recess,” the attorneys said. “Congress interrupted its own proceedings.”

The lawyers are asking U.S. District Judge Timothy Kelly, a Trump appointee overseeing the case, to dismiss it. He’s asked in the motion to declare a mistrial if he rejects that request.

Brady Violations

Prosecutors must not withhold evidence that can be exculpatory. The rule was crystallized in Brady v. Maryland, a 1963 Supreme Court decision.

“Suppression by the prosecution of evidence favorable to an accused who has requested it violates due process where the evidence is material either to guilt or to punishment, irrespective of the good faith or bad faith of the prosecution,” the decision states.

Zachary Rehl, another Proud Boys defendant, requested all information regarding Congress going into recess on Jan. 6, 2021, in late 2021.

By Zachary Stieber

Read Full Article on TheEpochTimes.com

The Epoch Times
The Epoch Timeshttps://www.theepochtimes.com/
Tired of biased news? The Epoch Times is truthful, factual news that other media outlets don't report. No spin. No agenda. Just honest journalism like it used to be.

Obama Floats ‘New Forms of [State-Controlled] Journalism’

Notorious nemesis of civil liberties one and all, Barack Obama, ]apparently endorses a heavy state hand in the “regulation” of information.

Privilege Is Financial, Not Racial

If we stay divided by race, we’ll keep fighting each other while the true elites of all races thrive unseen, counting their wealth in comfort.

California Repeats Illinois’ History, PROSECUTE Newsom!

California may have improperly licensed 62,000 illegal aliens as Commercial Driver’s License (CDL) truck drivers.

The Stage Is Set For A US-Instigated Security Dilemma Between The Eurasian Rimland & Heartland

The US sends mixed signals on the Sino-Russo alliance after Trump downplayed concerns while Hegseth said he was ordered to “re-establish deterrence.”

Chambers of Horror

Using a shutdown to legislate is like using a flame thrower to light a candle, it provides light momentarily but destroys everything in its path.

Vance Warns Holiday Travel Could Be ‘Disaster’ If Government Does Not Reopen

Vice President JD Vance warned on Thursday that holiday travel will be a “disaster” if the government shutdown does not end.

Trump Admin Cuts Quota for Refugees, Prioritizes Afrikaners

Trump admin slashed quota for refugees and prioritized Afrikaners “and other victims of illegal or unjust discrimination in their respective homelands.”

DHS: 8,000 Percent Jump in Death Threats Against ICE Officers

DHS reports an 8,000% surge in death threats against U.S. immigration officers, raising alarm over safety concerns for federal personnel.

Federal Judge Weighs Forcing USDA to Pay SNAP Benefits Despite Shutdown

A judge weighed forcing the USDA to use a $5 billion fund to prevent a lapse in the national food stamp program amid looming funding shortfalls.

US, South Korea Finalize Trade Deal Reducing Tariffs, Boosting American Investment

The U.S. and South Korea finalized a major trade deal on Oct. 29 as President Trump wrapped up the final hours of his Asian tour on the Korean Peninsula.

Trump, Japanese PM Sign Critical Minerals, Rare Earths Deal

The U.S. president visited Tokyo on the second leg...

Trump Hikes Canada’s Tariffs by 10 Percent for Not Pulling Anti-Tariff Ad Immediately

Trump announced he will increase tariffs on Canada by 10% after ad by provincial government of Ontario misrepresented President Reagan’s speech on tariffs.

Trump Rolls Back Emissions Rules on Copper Smelters

President Trump issued a proclamation aimed at reversing a Biden-era environmental rule that enforced stricter air emission standards on copper smelters.
spot_img

Related Articles

Popular Categories

MAGA Business Central