Jan. 6 defense attorney moves to dismiss case amid allegations FBI altered evidence | Just The News
By: Ben Whedon (Just The News)
S E E D E D C O N T E N T
A defense attorney representing an alleged participant in the Jan. 6, 2021, Capitol riot demanded on Sunday that the court either dismiss his client's case or appoint a special master to review evidence following allegations that the FBI tampered with materials, which emerged when cross-examining a bureau witness.
Lawyer Roger Roots is representing Dominic Pezzola and has moved for the court to not merely dismiss the case, but to pause all Jan. 6 prosecutions pending evidentiary hearings, the Epoch Times reported.
Fueling Roots' request is an exchange from the testimony of FBI Special Agent Nicole Miller. Attorney Nick Smith, who represents Pezzola co-defendant Ethan Nordean, revealed classified FBI emails that included an order to Miller that she remove an FBI agent from the informant report and destroy 338 pieces of evidence outright.
"The unceremonious and uninhibited nature of Miller's discussion of committing these serious crimes suggests an FBI culture of corruption and lawlessness that must be immediately stopped, and fully investigated," reads a Sunday filing from Roots.
File Dominic Pezzola filing
While the Department of Justice has contended that Miller's messages are "classified," the filing asserts that, should that be the case, Miller and her associates would be guilty of mishandling classified materials, citing their use of personal email accounts.
The DOJ further asserts that much of the evidence in question was unrelated to the case at hand, the Times noted. Pezzola's defense, however, insists the revelations render the trial null.
"Were this trial to go forward it would be a due process violation," Roots argues. "Given that there is evidence the government carefully crafted its prosecution around defense strategy communications unlawfully, intentionally, systematically and deliberately gained from attorney/client privileged communications, no new jury or new trial could cure the violations."
"...[T]he FBI is explicitly making a mockery of Fourth, Fifth, and Sixth Amendment restrictions in order to wrongly convict the defendants," Roots writes.
Should the judge decline to dismiss the case, however, Roots asserted that defense attorneys have the right to cross-examine Miller regarding these alleged crimes, at the bare minimum. The attorney, however, argues for much more.
"All January 6 prosecutions should be paused for evidentiary hearings and investigations by a Special Master and Special Counsel," he declares in the filing. He further seeks the release of Pezzola from custody.
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As the Democrats secret videos are released and real investigations are conducted we can expect to see more trouble for the FBI and DOJ as well as possible overturned convictions and civil suits.
I would say it is way past time to drain the swamp at the FBI and DOJ; but this administration help created it.
The only way to end it is to retake the White House; and then get a head of the FBI and AG that care more about integrity than being an arm of the DNC. People need to lose their jobs and pensions over this; with charges being filed where necessary.
I'm sure you'll update us IF the judge acquiescences?
I don't think the defense will get a dismissal, but I will be interested to see if anything does come about.
You can't?
The rights of the defendants are being violated. It would be hard to see a scenario where they wouldn't. But then again, this whole thing has been questionable from the start.
Maybe, maybe not.
A defense lawyer CLAIMS the defendants rights are being violated. Neither you, nor I, know if the claim is true yet. If the claims are true then we should all demand accountability, but if the claims are not true then they should get on with the trial and we should stop playing partisan politics.
The partisan bs has been there from the start. For all intents and purposes, I believe you were good with it until the narrative was challenged with actual evidence (not the fabricated shit the Democrats fed you). The challenge of altering evidence is nothing new to the FBI. They've been caught doing it many times before. The withholding evidence from a defense team is illegal and grounds for a mistrial, charges being dropped or overturning convictions.
People have been demanding accountability. But, it's never come and probably never will. Many who were caught are still holding their positions within the FBI and DOJ and it's leadership, many politicians are still in office.
Yes it has.
I followed the few cases documented in actual news. NOT the partisan bullshit and whether you like it or not I don't give a shit.
And again, IF it is true then they should be held accountable, but I'm not so biased at to assume YOUR partisan bullshit is anymore true than anyone else's.
The outrage machine is certainly working. They got their clicks.
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Tauting and trolling me is not the topic of this article, but go ahead and do you.
Doesn't change what I said in 3.1.4.