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, โ€œis plainly exculpatory,โ€ Pezzolaโ€™s lawyers said in the new motion.

โ€œIt establishes that the Senate chamber was never violently breached, andโ€”in factโ€”was treated respectfully by January 6 protestors,โ€ the motion reads.

Among the clips Foxโ€™s Tucker Carlson broadcast was one of Jacob Chansley, another defendant whoโ€™s serving a jail sentence after pleading guilty, walking around accompanied by police officers. The officers didnโ€™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 โ€œletting us into the building.โ€

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 โ€œcould have continued proceedings,โ€ Pezzolaโ€™s attorneys said.

โ€œIt was not Pezzola or codefendants who caused the Congress to recess,โ€ the attorneys said. โ€œCongress interrupted its own proceedings.โ€

The lawyers are asking U.S. District Judge Timothy Kelly, a Trump appointee overseeing the case, to dismiss it. Heโ€™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.

โ€œSuppression 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,โ€ the decision states.

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

Byย 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.

250 Countdown

Those 56 intrepid men who signed put their very lives, honor and fortunes on the line. There was no auto-quill to accommodate their signatures.ย 

How the Senate Parliamentarian Changed the OBBB

An unelected bureaucrat does a important job in the U.S. Senate. Elizabeth MacDonough enforces senate rules on Trumpโ€™s โ€œOne Big Beautiful Billโ€.

Bioterror Roundup: CDC Director Nominee Is a Monster + New mRNA Pregnancy Studies

Bioterror Propaganda Roundup: The latest updates on the โ€œnew...

The Sacred Honor of the 56

Today we're celebrating the sacred honor of the 56 men who signed the Declaration of Independence.

Alligator Alcatraz: A Bold Step Toward Secure Borders

Alligator Alcatraz funded through FEMA, represents a decisive move by the Trump admin to address illegal immigration with efficiency and resolve.

New White House Faith Office Aims to Ensure US Is Beacon of Freedom for Others

The White House Faith Office wants to see the United States as the leader in advancing religious freedom, its faith director Jennifer Korn said.

Federal Reserve Rates Are Too High, Says Former World Bank Chief

Rates should be between 0.25 and 1.75 percent rather...

Newly Naturalized Citizens Say What American Freedom Means to Them

Nearly 820,000 people pledged allegiance to the United States and became naturalized citizens in 2024.

Noem Waives Environmental Restrictions to Fast-Track Water Barriers in Rio Grande

DHS Sec Kristi Noem waived federal environmental laws to fast-track construction of 17 miles of waterborne barriers in the Rio Grande in South Texas.

US Keeps Pressure on Chinese Goods Amid Vietnam Trade Deal

Transshippingโ€”rerouting goods through a third country to disguise the origin of the productsโ€”is a focal point of trade negotiations with Asian markets.

White House Report Reveals Top Earners, Staffers Working for No Salary

The Trump admin released its yearly report that shows the salaries for White House staffers, also revealing officials who arenโ€™t accepting salaries at all.

Transportation Secretary Urges Governors to Remove Political Messages From Crosswalks, Intersections

Duffy sent letters to governors, mayor of D.C., and gov of Puerto Rico urging them to remove political messaging from intersections and crosswalks.

Bessent: US, India Near Agreement to Lower Tariffs

The United States and India are โ€œvery closeโ€ to a trade agreement, Treasury Secretary Scott Bessent said on Tuesday.
spot_img

Related Articles