On January 6, 2021 Americans from all walks of life visited Washington D.C. to protest alleged voter fraud.
That day changed the lives of hundreds of people including many who are still in jail awaiting trial.
Now the Biden regime is furious over this newly released evidence that could change everything for January 6 defendants.
January 6 defendant sees possible dismissal after Fox News coverage
After years of incarceration, there might be a new hope coming in the lives of January 6 defendants.
Tucker Carlson’s release of previously unseen security camera footage from that day has already seen at least one motion for dismissal.
Dominic Pezzola, who is a defendant in the Proud Boys trial, filed a motion on March 9 to dismiss the case due to “plainly exculpatory” evidence that was wrongfully held from the defense.
His defense believes that this new evidence would merit dismissal.
According to the motion, “the Senate chamber was never violently breached, and — in fact — was treated respectfully by January 6 protestors.”
Politicians and their media allies told America a very different story, and then withheld evidence to the contrary.
Now, we’re starting to see the potential ripple effects of the new evidence.
Pezolla’s attorneys say “Congress interrupted its own proceedings”
Pezolla had been accused of forceful entry into the Capitol building, intending to cause a recess and to stop certification.
Pezolla’s attorneys say that the newly released footage showed that Congress “could have continued proceedings.”
“It was not Pezolla or codefendants who caused the Congress to recess” they argued. “Congress interrupted its own proceedings.”
They say that Pezolla should not be held any longer, and that if this didn’t warrant a dismissal, the judge should declare a mistrial.
The defense attorneys allege that prosecutors have violated their client’s due process, which was guaranteed to every American in the Constitution.
“Suppression by the prosecution of evidence favorable to an accused who requested it violates due process…” the attorneys argued.
Prosecution responsible to “learn of any favorable evidence”
They argue that in this case, the Capitol Police “knew or should have known that the information would be material to a prosecution arising from their direct involvement.”
In these scenarios, the prosecution doesn’t need to be proven to have possessed the evidence.
Rather the prosecution “has a duty to learn of any favorable evidence known to others acting on the government’s behalf in the case, including the police.”
The new evidence will likely result in other appeals, like in the case of Jacob Chansley.
Attorney for Chansley says “the government knew”
Chansley — better known as the “QAnon shaman” — has already received a sentence of 41 months in prison for supposedly “leading” the so-called “violent insurrection.”
His attorney also suggested that the video footage from Fox News hadn’t been provided to his client — indicating that he might be considering this as grounds for appeal.
“The government knew that Jake had walked around with all of these police officers. They had the video footage,” Chansley’s attorney said. “I didn’t get it. It wasn’t provided to me.”
He went on to say that the federal government had “an absolute duty” to Chansley, and that they had “zero discretion” on sharing it.
Only time will tell, but Tucker Carlson may have set the wheels in motion to change the lives of the many January 6 defendants.
US Political Daily will keep you up-to-date on any developments to this ongoing story.
