A Court Made It Harder For Prosecutors To Keep Capitol Riot Defendants Behind Bars

[Nevilledog]

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Zoe Tillman
@ZoeTillman
The DC Circuit released a decision this morning that set a higher bar for prosecutors to clear to keep Capitol riot defendants behind bars pending trial.

The ripple effects were felt almost immediately in other cases. With @kenbensinger and @jvgarrison:

A Court Made It Harder For Prosecutors To Keep Capitol Riot Defendants Behind Bars
The DC Circuit ruling was applied almost immediately to two defendants in the Oath Keepers conspiracy case who were granted bond.
buzzfeednews.com
3:58 PM · Mar 26, 2021

https://www.buzzfeednews.com/article/zoetillman/capitol-riot-cases-jail-ruling-eric-munchel-case

WASHINGTON — A federal appeals court on Friday revived a detention fight over two people charged in the Capitol insurrection, laying out new standards for keeping alleged rioters behind bars that within hours were applied to two defendants in another case, helping them win release from jail.

In a 2–1 decision, the US Court of Appeals for the DC Circuit ordered a lower court judge to reconsider his decision to keep Eric Munchel and his mother, Lisa Eisenhart, in jail while their cases go forward. US District Judge Royce Lamberth had ruled in February that Munchel — who was photographed inside the Capitol wearing tactical gear and holding plastic zip-tie handcuffs — and Eisenhart presented “a clear danger to our republic” and that there were no release conditions that would “reasonably ensure the safety of the community.”

But DC Circuit Judge Robert Wilkins wrote Friday that Lamberth’s 17-page opinion failed to articulate how the two posed a danger when they hadn’t actually been charged with committing specific violent acts at the Capitol on Jan. 6. Lamberth wrote that the allegations against Munchel showed that he was “willing to use force to promote his political ends,” but the appeals court found that the judge didn’t explain how he reached that conclusion when there was no evidence Munchel hurt anyone or broke anything.

“In our view, those who actually assaulted police officers and broke through windows, doors, and barricades, and those who aided, conspired with, planned, or coordinated such actions, are in a different category of dangerousness than those who cheered on the violence or entered the Capitol after others cleared the way,” Wilkins, joined by Judge Judith Rogers, wrote.

Munchel and Eisenhart will remain in jail as the case goes back to Lamberth for another round of arguments.

*snip*

[empedocles]

1. trumper judge?

[atreides1]

2. Nope

Appointed by President Obama

[rzemanfl]

4. Rogers by Clinton.

[Tomconroy]

3. I think it's pretty outrageous.

They all entered with the intention of disrupting the federal election process. They intended an attack against a constitutional event. If they are capable of that they are a threat to commit further mayhem.