Due process contradictory statements in Article VI include an impartial jury in the District wherein the the crime occurred. That the defendants were known to be of the Red political party and those who will judge the facts against them of the Blue by 93%, tilts the jury toward convictions in any political criminal charge. A fair trial cannot be had there, but could be held in a purple state, with a probability of a mixed jury. It’s infuriating to not recognize that factor as affecting the verdicts.
My apologies if noted, but regarding the juror who thought the Oath Keepers were a white supremecist organization - did the judge ultimately excuse that juror or did the defense end up having to use a peremptory challenge?
"The idea that juror can set aside opinions they have already formed — “I think he’s guilty, but I’ll vote not guilty if the evidence I hear doesn’t fit my preconceptions” — is a “legal fiction” that allows the impression that there was “due process” when the underlying reality is that the defendant did not get an panel of 12 impartial jurors that the Sixth Amendment guarantees."
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I'm curious... everything you've written above points to the judiciary being the sole player in this whole process... can, or why can't, this issue be addressed through legislative action?
It would seem to me that there would be a role for Congress to try to fix the legal games being played, and the injustice that springs from it, by creating statutory language and guidance for when a juror can be excluded or venue change must be granted when requested, or... is that just naive?
IMO, that entire DC district was prejudiced by the incessant insurrection mantra that overwhelmed the media and social media in the immediate aftermath of the Jan 6th riot. To me, that was no different than the Lake Charles case or the Sheppard case because the media were used to publicize a narrative that the accused were guilty of very serious crimes. This did target Trump because the government's theory at the time was that Trump was responsible for the insurrection because he was trying stop the peaceful transfer of the presidency to Biden. Because this was a political argument made for the purpose of justifying the second unsuccessful impeachment of Trump, it should have been inquired into more fully by the district judges. And because it was a political argument, the political biases of the entire district, including the district judges themselves, should have been examined in much greater detail than the perfunctory "safe harbor" jury question that the author described. Conceptually, what has happened to these J6 defendants is no different than what happened to the Minnesota police officers who were charged in the aftermath of George Floyd's death. If the judicial branch will not reverse these convictions and protect the remaining accused from this tainted process, then the only remedies proper for these cases are pardons for the questionably convicted and commutations of the disproportionate sentences of those who technically did commit some crimes, but who were incarcerated far too long for the offenses they committed.
So many lives ruined by a corrupt process. Try as you might the corruption requires bias so no appeal to rational thought is possible. At least as time passes more learn of the corruption.
The government needed severe punishment and has it. But society will pay a price. Shameful efforts.
Well bless your soul, Mr. Shipley, you are starting to see some corruption within your beloved judicial system! Before you know it, you may even come to realize your clients were all entrapped and never should have had to stand for trial. Heck, you may even come to realize not only is all of the DC Circuit hopelessly corrupt, your entire beloved DOJ is and must be disemboweled!
My apologies, I thought there was hope that you'd start to see the real problems, but you have set me straight; you're a one trick pony that can't see any of the top 10-20 atrocities your clients face, only the most obvious least significant venue issue. I still pray all J6ers, including your clients ultimately get their justice and everyone at DOJ & DC Circuit involved in the injustice and corruption is exposed and properly prosecuted and that the J6ers get proper compensation for their unjust persecution.
Perhaps the work of a certain food blogger will help them while you can only show jealousy and contempt for her superior reportage.
Due process contradictory statements in Article VI include an impartial jury in the District wherein the the crime occurred. That the defendants were known to be of the Red political party and those who will judge the facts against them of the Blue by 93%, tilts the jury toward convictions in any political criminal charge. A fair trial cannot be had there, but could be held in a purple state, with a probability of a mixed jury. It’s infuriating to not recognize that factor as affecting the verdicts.
My apologies if noted, but regarding the juror who thought the Oath Keepers were a white supremecist organization - did the judge ultimately excuse that juror or did the defense end up having to use a peremptory challenge?
"The idea that juror can set aside opinions they have already formed — “I think he’s guilty, but I’ll vote not guilty if the evidence I hear doesn’t fit my preconceptions” — is a “legal fiction” that allows the impression that there was “due process” when the underlying reality is that the defendant did not get an panel of 12 impartial jurors that the Sixth Amendment guarantees."
___
I'm curious... everything you've written above points to the judiciary being the sole player in this whole process... can, or why can't, this issue be addressed through legislative action?
It would seem to me that there would be a role for Congress to try to fix the legal games being played, and the injustice that springs from it, by creating statutory language and guidance for when a juror can be excluded or venue change must be granted when requested, or... is that just naive?
IMO, that entire DC district was prejudiced by the incessant insurrection mantra that overwhelmed the media and social media in the immediate aftermath of the Jan 6th riot. To me, that was no different than the Lake Charles case or the Sheppard case because the media were used to publicize a narrative that the accused were guilty of very serious crimes. This did target Trump because the government's theory at the time was that Trump was responsible for the insurrection because he was trying stop the peaceful transfer of the presidency to Biden. Because this was a political argument made for the purpose of justifying the second unsuccessful impeachment of Trump, it should have been inquired into more fully by the district judges. And because it was a political argument, the political biases of the entire district, including the district judges themselves, should have been examined in much greater detail than the perfunctory "safe harbor" jury question that the author described. Conceptually, what has happened to these J6 defendants is no different than what happened to the Minnesota police officers who were charged in the aftermath of George Floyd's death. If the judicial branch will not reverse these convictions and protect the remaining accused from this tainted process, then the only remedies proper for these cases are pardons for the questionably convicted and commutations of the disproportionate sentences of those who technically did commit some crimes, but who were incarcerated far too long for the offenses they committed.
So many lives ruined by a corrupt process. Try as you might the corruption requires bias so no appeal to rational thought is possible. At least as time passes more learn of the corruption.
The government needed severe punishment and has it. But society will pay a price. Shameful efforts.
Well bless your soul, Mr. Shipley, you are starting to see some corruption within your beloved judicial system! Before you know it, you may even come to realize your clients were all entrapped and never should have had to stand for trial. Heck, you may even come to realize not only is all of the DC Circuit hopelessly corrupt, your entire beloved DOJ is and must be disemboweled!
Hope is in the air!!! MAGA MAHA!!!
Go look for an article by Shipwreckedcrew in Human Events in July 2021 criticizing DOJ for not being willing to move cases out of DC.
Oh -- let me save you the trouble.
https://humanevents.com/2021/07/16/change-of-venue-for-january-6th-trials
Comments like this only reveal that you really have no idea about the amount of criticism I have visited upon DOJ and the FBI over the past 8 years.
My apologies, I thought there was hope that you'd start to see the real problems, but you have set me straight; you're a one trick pony that can't see any of the top 10-20 atrocities your clients face, only the most obvious least significant venue issue. I still pray all J6ers, including your clients ultimately get their justice and everyone at DOJ & DC Circuit involved in the injustice and corruption is exposed and properly prosecuted and that the J6ers get proper compensation for their unjust persecution.
Perhaps the work of a certain food blogger will help them while you can only show jealousy and contempt for her superior reportage.
Happy New Year, Bill.