Posts tagged with "Insurrection at U.S. Cap[itol"

Judge rejects free speech argument; refuses to dismiss indictment against four Proud Boys

December 30, 2021

On Tuesday, December 27, a federal judge refused to dismiss an indictment based on an argument from the attorneys for four men associated with the right-wing group the Proud Boys that their actions leading up to and on January 6 were protected under the freedom of speech rights in the First Amendment, reports Newsweek.

Ethan Nordean, Joseph Biggs, Zachary Rehl, and Charles Donohoe were indicted in March and charged with conspiracy and obstructing an official proceeding, among other charges; and remain in jail leading up to their trial scheduled for May 2022.

Nordean, of Auburn, Washington, was a Proud Boys chapter president and member of the group’s national “Elders Council.” Biggs, of Ormond Beach, Florida, is a self-described Proud Boys organizer. Rehl was president of the Proud Boys chapter in Philadelphia. Donohoe, of Kernersville, North Carolina, also served as president of his local chapter, according to the indictment.

U.S. District Judge Timothy Kelly said the four men had many other options that actually are protected under the First Amendment to protest the election and express their thoughts about its results in a nonviolent, legal manner.

“Defendants are not, as they argue, charged with anything like burning flags, wearing black armbands, or participating in mere sit-ins or protests,” Kelly wrote in a 43-page ruling. “Moreover, even if the charged conduct had some expressive aspect, it lost whatever First Amendment protection it may have had.”

At least three dozen of the over 700 people who have been charged in the insurrection at the Capitol building on January 6 have been identified as leaders or associates of the Proud Boys, the far-right organization that was one of many that

organized events on the day that led to rioters breaking windows and forcing their way through doors into the Capitol. Five people were dead when the insurrection finally ended.

Defense lawyers also argued that the obstruction charge doesn’t apply to their clients’ cases because Congress certification of the Electoral College vote was not an “official proceeding.”

Kelly disagreed.

Earlier this month, another judge in the District of Columbia’s federal court upheld prosecutors’ use of the same obstruction charge in a separate case against two riot defendants.

The case against Nordean, Biggs, Rehl and Donohoe is a focus of the Justice Department’s sprawling investigation of the January 6 insurrection. More than three dozen people charged in the Capitol siege have been identified by federal authorities as Proud Boys leaders, members, or associates—including at least 16 defendants charged with conspiracy.

Last Wednesday, December 23, a New York man pleaded guilty to storming the U.S. Capitol with fellow Proud Boys members. Matthew Greene is the first Proud Boys member to publicly plead guilty to conspiring with other members to stop Congress from certifying the Electoral College vote. He agreed to cooperate with authorities.

Other extremist group members have been charged with conspiring to carry out coordinated attacks on the Capitol, including more than 20 people linked to the anti-government Oath Keepers.

Lawyers for Nordean and Donohoe declined to comment on Tuesday’s ruling. Attorneys for Rehl and Biggs didn’t immediately respond to emails seeking comment.

Research contact: @Newsweek

Terror is ‘still with us’: AG Garland warns of domestic terrorism at Oklahoma City bombing memorial

April 20, 2021

The terrorism that led to the bombing of the federal building in Oklahoma City almost three decades ago has morphed into a heightened threat from domestic violent extremists, Attorney General Merrick Garland said on Monday, April 19, in his first major public address, Bloomberg reports.

Garland, who oversaw the prosecution of bomber Timothy McVeigh and accomplice Terry Nichols, marked the 26th anniversary of the of the most deadly domestic assault in U.S. history—offering a stark reminder that the brand of terror unleashed by the bombers is “still with us, ” USA Today noted.

“It was night, but you would not have known it,” Garland told survivors and officials gathered on the grounds of the downtown memorial. “Bright lights lit the site up as if it were midday. The front of the (Alfred P.) Murrah Building was gone. The parking lot across the street still held cars that had been flattened by the blast.”

Garland’s remarks came just over three months since the deadly insurrection at the U.S. Capitol—a stunning assault that has highlighted a reinvigorated domestic extremist movement. As in Oklahoma City more than two decades ago, Garland now oversees a far-reaching investigation into the siege that has so far resulted in charges against more than 400 people, USA Today said

The attorney general did not directly refer to the Capitol attack, but he cited a recent FBI warning in its aftermath of the “ongoing and heightened threat posed by domestic violent extremists.”

“Those of us who were in Oklahoma City in April 1995 do not need any warning; the  hatred expressed by domestic violent extremists is the opposite of the Oklahoma Standard,” Garland said, recalling the city’s response to the bombing and its continuing campaign against hate. “This memorial is a monument to a community that will not allow hate and division to win.”

Garland, who arrived in Oklahoma City just two days after the attack, has often described his association with the case and a deeply wounded community as “the most important thing I have ever done in my life.”

Indeed, USA Today noted, throughout the investigation and beyond, Garland was known to carry a list of the victims in his briefcase.

That connection was on display throughout his remarks Monday, when his voice quavered at times and paused to collect his emotions, the news outlet reported.

“Oklahoma City, you are always in my heart,” he said.

Research contact: USATODAY