Attorney General Garland Doesn’t Commit to Investigating Alleged Violations of Jan. 6 Defendants’ Civil Rights
During a House Appropriations subcommittee hearing, Attorney General Merrick Garland avoided committing to investigating alleged violations of the right to a speedy trial for defendants facing charges for their actions at the U.S. Capitol on Jan. 6, 2021, despite a lawmaker’s call for the DOJ to investigate. Rep. Andrew Clyde (R-Ga.) asked Garland about the 6th Amendment trial rights of various Jan. 6 defendants, stating that some of these individuals have been waiting for two years for their trial, which he believes violates their constitutional right to a speedy and public trial by an impartial jury.
Garland responded that exceptions to the speedy trial timeframe can include motions by the defendants and their counsel to delay for more time to review discovery evidence. He also noted that a judge has the authority to dismiss a case for a violation of the Speedy Trial Act and advised Clyde to raise the issue with the judge handling each case. Clyde urged Garland to look into whether specific defendants had met the speedy trial timeline exceptions, stating that their civil rights were being violated. However, Garland did not respond before Clyde moved on to another line of questioning.
Last year, federal prosecutors admitted to unintentionally delaying a trial for Jan. 6 defendant Lucas Denney beyond the limits of the Speedy Trial Act. Denney was arrested on Dec. 13, 2021, and an indictment was secured against him on March 7, 2022, two days after his defense lawyers formally petitioned for his release and dismissal of the charges.
NTD News has contacted the DOJ for further clarification on whether it will investigate alleged violations of the defendants’ speedy trial provisions, but the department did not respond before the article was published.
Feds Admit Speedy Trial Act Violation
Last year, federal prosecutors did admit to unintentionally delaying a trial for Jan. 6 defendant Lucas Denney beyond the limits of the Speedy Trial Act. Denney was arrested on Dec. 13, 2021. The government finally secured an indictment against him on March 7, 2022—two days after his defense lawyers formally petitioned for his release and dismissal of the charges.
The government argued that it had not acted in bad faith and that the delays were not so egregious as to warrant dismissing the case “with prejudice,” meaning prosecutors cannot bring charges again in the future.
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