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Old 04-07-2022, 03:51 PM   #363
SunnySide
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Re: Chaos at the Capitol: New thread edition

Quote:
Originally Posted by BaltimoreSkins View Post
First acquittal in a trial case for a rioter.

https://www.npr.org/2022/04/07/10913...riot-acquittal

I have a hard time with the judge's logic that it was reasonable to believe Martin was allowed to storm the Capitol.
McFadden, who was nominated by former President Donald Trump, acquitted Martin of all four counts for which he was charged.

McFadden said it was reasonable for Martin to believe that outnumbered police officers allowed him and others to enter the Capitol through the Rotunda doors on Jan. 6, 2021. The judge also said Martin's actions were "about as minimal and non-serious" as anyone who was at the Capitol that day.

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Sounds like the judge skewed his "neutral fact finder" role in a non-jury case to reach the pre destined outcome the judge wanted.

I dont know the federal trespassing on the Capitol code or statute but it sounds like a "reasonable person" standard. "Would a reasonable person under the circumstances believe they were allowed to enter the Capitol?" ... theres no way in hell the judge actually thought a reasonable person would believe they were allowed to do what they did.

If the guy just walked into the Capitol, didnt hit any officers, then left .. I dont really care. Probably did a few days or more in pre trial detention.

Criminal defendants have a right to be tried by a judge and not a jury, their choice to waive jury trial.

Smart move. Get in front of a trump judge.

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You want to talk about rogue judges applying their own bias and not the law .... but whatever just wouldnt trust this judge.
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