"Darkened Plazas with Throngs of People:" The Government Debunks the Portland - January 6 Comparison

[Nevilledog]

Link to tweet

https://www.emptywheel.net/2021/07/22/darkened-plazas-with-throngs-of-people-the-government-debunks-the-portland-january-6-comparisons/

The government just responded to January 6 defendant Garret Miller’s claim of selective prosecution. Miller is charged with assault and civil disorder, obstruction, and — for threats against AOC and the officer who shot Ashli Babbit — interstate threats.

On January 15, 2021, MILLER admitted in a Facebook chat that he is “happy to make death threats so I been just off the rails tonight lol,” and is “happy to be banned now [from Twitter].” When asked whether the police know his name, he responded, “t might be time for me to …. Be hard to locate.”

Last month, Miller filed two motions claiming selective prosecution (for discovery, to dismiss). He argued that Portland defendants were treated differently than he is being treated, because many of the Portland cases involving (some but not all of) the same crimes he was charged with are being dismissed or resulting in plea deals.

UndersignedCounsel has undertaken an extensive review of pleadingsfiled on PACER, press releases issued by the United States Attorney’s Office for the District of Oregon, and various news accounts as they relate to the Portland riots. From that review, it appearsthat approximately 74 persons were charged with criminal offenses arising out of the riots. 5 Of those 74 persons, to date, approximately 30 persons have had their cases dismissed (often with prejudice) upon motion of the government, 12 persons appear to have been offered dismissals upon completing a pre-trial diversion program, and at least 3 persons have been allowed by the government to plead guilty to significantly reduced charges.6

Most of the Portland rioters were charged with a violation of 18 U.S.C. § 231(a)(3) (civil disorder) and/or a violation of 18 U.S.C. § 111 (assault on a federal officer). These are the same charges brought against Mr. Miller in Counts One, Two and Four of the Superseding Indictment based upon his participation in the Washington, D.C. riots.

*snip*

[gratuitous]

1. What about, what about, what about

Sorry, Garret. But unless you got whanged by several officers with their batons; were gassed, maced, tasered; cracked in the skull; shot with "less lethal" rounds; and snatched off the sidewalk into an unmarked vehicle, your experience was NOTHING like what citizens endured during the 2020 demonstrations in Portland.

However, if you'd like to volunteer for the treatment meted out by law enforcement in Portland, I think it can be arranged.