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Crime selectors, pages, etc.
QAnon Shaman freed from prison 14 months early after his lawyer said Jan. 6 footage showing him being escorted into Senate by cops was exculpatory...THANKS TO TUCKER!
By HatetheSwamp
March 30, 2023 8:18 am
Category: Crime

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Earlier this month, Watkins argued that Chansley should be freed after Fox News host Tucker Carlson aired previously unseen footage from the riot.

Carlson used his Fox News show to broadcast clips showing Chansley inside the US Capitol.


Don't be surprised if more follows.

You progressive SwampLovers' belief in the J6 insurrection is being proved to be a hate-based myth...and, more truth will be known.

All Hail TUCKER CARLSON!

And, Kevin McCarthy.


Cited and related links:

  1. dailymail.co.uk

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Comments on "QAnon Shaman freed from prison 14 months early after his lawyer said Jan. 6 footage showing him being escorted into Senate by cops was exculpatory...THANKS TO TUCKER!":

  1. by oldedude on March 30, 2023 9:15 am
    Just think what could have happened IF prosecution actually disclosed their evidence as required by law. That may have happened here. Prosecutors are required to provide ALL information they have (same with defense) according to Rule 16 of criminal proceedings and is a huge piece of the US Trial procedure. IF the courts got wind of this, my guess is there's going to be a lot of mistrials and they can't use any of the prior evidence. Which absolutely sucks for the government, but hey. Play by the friggin' rules. This one is NOT negotiable.

    b>Rule 16. Discovery and Inspection<
    (E) Documents and Objects. Upon a defendant's request, the government must permit the defendant to inspect and to copy or photograph books, papers, documents, data, photographs, tangible objects, buildings or places, or copies or portions of any of these items, if the item is within the government's possession, custody, or control and:

    (i) the item is material to preparing the defense;

    (ii) the government intends to use the item in its case-in-chief at trial; or

    (iii) the item was obtained from or belongs to the defendant.

    (F) Reports of Examinations and Tests. Upon a defendant's request, the government must permit a defendant to inspect and to copy or photograph the results or reports of any physical or mental examination and of any scientific test or experiment if:

    (i) the item is within the government's possession, custody, or control;

    (ii) the attorney for the government knows—or through due diligence could know—that the item exists; and

    (iii) the item is material to preparing the defense or the government intends to use the item in its case-in-chief at trial.

    law.cornell.edu


  2. by HatetheSwamp on March 30, 2023 9:40 am

    Talk about your Banana Republic!

    I hope this guy sues "that feckless dementia-ridden piece of crap" personally for a $Billion.


  3. by Curt_Anderson on March 30, 2023 9:58 am
    Chansley was sentenced to 41 months prison in November 2021, two months after he pleaded guilty to a federal charge of obstruction of an official proceeding. He admitted that his actions were indefensible, and that he had no excuse.


  4. by HatetheSwamp on March 30, 2023 10:39 am

    Good Good German-ism, there, Curt. And, TENS OF effin THOUSANDS pled guilty in Stalin's sham trials.

    If you had an open mind, you'd know what Tucker revealed about what the man did inside the Capitol...AND, how he got there.

    Many of these sham trials have been atrocities that'd do Mao and Adolf proud. If America is still America, people in "that feckless dementia-ridden piece of crap's" FBI and DOJ will, metaphorically, fry!!!!!


  5. by islander on March 30, 2023 12:32 pm

    Curt,

    Unfortunately for Hate, most people know the real facts behind the misinformation story that our resident troll has posted. I’m sure Hate will deceive some gullible people though.

    The video selections Hate is talking about are public knowledge and have been seen on TV and in photos by millions during and after the attack on our Capital. Nothing new there.

    

Jacob Chansley, the Jan. 6, 2021, Capitol rioter better known as the “QAnon Shaman,” was released from federal prison early and transferred to a halfway house on Wednesday.

    The Bureau of Prisons said Chansley was moved to “community confinement” — a term that can either refer to home confinement or a halfway house; but Chansley’s attorney Albert Watkins confirmed it was the latter.


    Chansley had already served eleven months in solitary, and 16 months of his sentence. That's over 2 years of his 41 month sentence. His early release to a halfway house is not unusual.

    The Bureau of Prisons said in a statement that “for safety, and security reasons, we do not discuss the conditions of confinement for any inmate, including transfers or release plans, nor do we specify an individual’s specific location while in community confinement.”

    Out of about 44,000 hours of Capitol security footage from Jan. 6. Carlson leveraged the footage to argue the riot was “mostly peaceful chaos,” and he showed footage of Chansley walking around the Capitol unimpeded by a group of officers who followed him.

    Federal prosecutors later said in court filings that Carlson omitted key footage and only showed four minutes out of about an hour that Chansley spent in the building.

    Hate is simply spewing more disinformation that is being spread by disgraced Fox entertainer Tucker Carlson. It’s what we expect from trolls like Hate.

    thehill.com


  6. by HatetheSwamp on March 30, 2023 12:35 pm

    Oy, isle. Stage 4 TDS.

    GET TREATMENT!


  7. by oldedude on March 30, 2023 3:58 pm
    Isle,
    Like I said in my post. If prosecution didn't give a copy of that to defense, it's a violation of federal law. Period. no argument about "I feel" "stuff." If they had the video, they're required to send it. If not, the charges are dismissed and a mistrial is declared.


  8. by Curt_Anderson on March 30, 2023 5:55 pm
    OD,
    A minute or so of the QAnon Shaman not assaulting, vandalizing or stealing congressional art and items is not exculpatory. Plus even his most benign activity was trespassing.



  9. by oldedude on March 30, 2023 9:28 pm
    Either you didn't read my post or completely misunderstood it. This is NOT about innocent or guilty. It's about prosecution screwing up the case. Please reread. If either side doesn't show the other side what they have. The trial is declared a mistrial. Period. End of story.

    The fact they had it in their possession and didn't reveal it is the issue.


  10. by oldedude on March 30, 2023 9:33 pm
    Oh. Isle "forgot" one part of his sentence. "Federal Bureau of Prisons spokesman Scott Taylor said Chansley was moved Tuesday from his low-level-security prison in southeastern Arizona to a halfway house in Phoenix, where he will be released May 25."

    Meaning he's transitioning OUT OF THE FEDERAL SYSTEM. NO PAROLE and less than 2 months at the halfway house.


  11. by Curt_Anderson on March 30, 2023 9:48 pm
    OD,
    I read your comment. I was responding to your claim, "If prosecution didn't give a copy of that to defense...".

    If the prosecution doesn't give the defense the portion of the video when the bank robber was calmly and peaceably visiting the bank it doesn't matter. It's not withholding evidence. It's not relevant to the time he is on video threatening the teller with a gun. A few minutes of lawful behavior in the bank is not exculpatory evidence.

    You or I don't know what or how much video the prosecution and defense saw. Chances are both teams saw the same thing.

    But it doesn't matter. He avoided a trial by pleading guilty.

    CHANSLEY, Jacob Anthony (aka Jacob Angeli)
    Case Number:
    1:21-cr-3
    Charge(s):
    Civil Disorder; Obstruction of an Official Proceeding; Entering and Remaining in a Restricted Building; Disorderly and Disruptive Conduct in a Restricted Building; Violent Entry and Disorderly Conduct in a Capitol Building; Parading, Demonstrating, or Picketing in a Capitol Building
    justice.gov


  12. by oldedude on March 31, 2023 3:15 am
    "But it doesn't matter. He avoided a trial by pleading guilty."

    It doesn't' matter at all. His team was not given the information to make that decision. Constitutional violation.

    Are you ever going to understand the actual law as it applies to the rules of evidence? This is something you insist on (but only with people you hate). The rules of evidence are the basis for every case in the country. If you violate them, the case is thrown out. PERIOD. Please quit making excuses to violate the constitution for your side. You d@mn sure don't mind when I bring them up for your side.


  13. by islander on March 31, 2023 6:01 am

    od wrote:”Oh. Isle "forgot" one part of his sentence. "Federal Bureau of Prisons spokesman Scott Taylor said Chansley was moved Tuesday from his low-level-security prison in southeastern Arizona to a halfway house in Phoenix, where he will be released May 25."

    I didn’t forget anything LoL !! I posted that for YOU to read. I also told you that Chansley was transferred from the federal prison to be held in "community confinement" [halfway house]. There is nothing unusual about this as it is a fairly standard practice for nonviolent prisoners like Chansley who have racked up enough good behavior points.

    The crime Chansley plead guilty to was a felony charges of disrupting an official proceeding. He spent more than 2 years in prison for it.

    I think you are intelligent enough to know that Chansley’s transfer has nothing to do with Hate and Tucker Carlson’s laughable misinformation attempt to fool the gullible into thinking Chansley’s transfer from federal prison was because of the irrelevant clips of video that that Carlson had. I think you know better than that. If there were really any relevant video evidence withheld by the prosecution Chansley’s lawyers would rightfully be screaming for a new trial and they would be perfectly correct in doing so...But they are not...and you know as well as I do why they're not.

    Have Hate and Tucker really fooled you too, od ?


  14. by HatetheSwamp on March 31, 2023 6:06 am

    I'm jus gessin, isle, you haven't seen ol Tuck's video. Call it an EDUCATED guess.

    Bahahahahahahahahahaha!


  15. by islander on March 31, 2023 6:30 am

    Yes, Hate, I have seen some of Carlson's sanitized and carefully selected video clips and you can see them too. They are readily available on YouTube!!!

    The problem you and Carlson cannot overcome is that the American people watched the actual attack on our Capital in real time "as it was happening".


    youtube.com


  16. by HatetheSwamp on March 31, 2023 6:48 am

    So, they had eyeballs on the Shaman the whole time?

    C'mon man. As "that feckless dementia-ridden piece of crap'd" say, Gimme a break!

    Bahahahahahahahahahaha, ahhhhhhhhhhh!


  17. by islander on March 31, 2023 7:10 am

    Why should I give you a break?

    I thought you enjoyed making a fool of yourself! 😁


  18. by HatetheSwamp on March 31, 2023 7:20 am

    Baha.

    Do you recall that the J6 Stalin Fan Club devolved into trying to make a crime out of doin nuthin for precisely 287 minutes?

    Keeheeheeheeheeheeheehee, ha...


  19. by HatetheSwamp on March 31, 2023 10:43 am

    Buffalo Guy Tagged And Released Back Into Wild


    WASHINGTON, D.C. — After two years in captivity, the QAnon buffalo guy has been tagged and released back into the wild to roam the plains once again.

    "Wow... just look at him go. No creature that majestic should be in a cage," said Congresswoman Marjorie Taylor Greene with a tear in her eye. "Run free, Buffalo Guy! You are among your American buffalo brethren once again!"

    "This is dangerous! Such a deadly wild animal should have been put down long ago! Who authorized this?" said a terrified Senator Chuck Schumer from under his desk.


    Baha! So much fun on bein on this side.

    babylonbee.com


  20. by oldedude on March 31, 2023 10:55 am
    "I didn’t forget anything LoL !! I posted that for YOU to read. I also told you that Chansley was transferred from the federal prison to be held in "community confinement" [halfway house]."

    Like I said. You conveniently "forgot" to add the last part of that sentence. That he was to be released next month without parole. That makes a huge difference in the meaning you "attempted" to frame (read lie about). It means not only did they cut the sentence, but he is under NO obligation to report to someone after being released NEXT MONTH. That shows the government was in the wrong.


  21. by islander on March 31, 2023 12:15 pm

    od wrote:”It means not only did they cut the sentence, but he is under NO obligation to report to someone after being released NEXT MONTH. That shows the government was in the wrong"

    No, it doesn’t show that the government was wrong. You didn’t read or understand what I posted or what the link said.

    I showed you why he was transferred to the halfway house and will be fully released in May. It has nothing to do with the government being wrong or that he was not guilty of the crime he was convicted of. The crime Chansley plead guilty to was a felony charge of disrupting an official proceeding. He received a 41 month sentence and spent more than 2 years in prison for it.

    I told you, as the link explained, why Chansley was transferred from the federal prison to be held in "community confinement" [halfway house]. There is nothing unusual about his transfer or upcoming early release as it is a fairly standard practice for nonviolent prisoners like Chansley who have racked up enough good behavior points.” 


    Again, if there were really any relevant video evidence withheld by the prosecution Chansley’s lawyers would rightfully be screaming for a new trial and they would be perfectly correct in doing so...But they are not...and you know as well as I do why they're not.

    ...Or...have Hate and Tucker really fooled you too, od ?


  22. by oldedude on March 31, 2023 1:37 pm
    od wrote:”It means not only did they cut the sentence, but he is under NO obligation to report to someone after being released NEXT MONTH. That shows the government was in the wrong"

    No, it doesn’t show that the government was wrong. You didn’t read or understand what I posted or what the link said.

    I actually looked up my own link because I don't trust you to have valid links. Mine is from the Forbes.

    Yet again, Federal Bureau of Prisons spokesman Scott Taylor said Chansley was moved Tuesday from his low-level-security prison in southeastern Arizona to a halfway house in Phoenix, where he will be released May 25.

    It seems to me both posts got the story from the same wire service. Except either you deleted the last part, or they did because they're unreputable.
    forbes.com


  23. by islander on March 31, 2023 2:00 pm
    od,

    Your last post seemed to be a mixed bag of random and partial thoughts and was virtually incomprehensible to me.

    You did not show that Chansley’s early release proved the government was wrong.

    I’ll explain why it wasn’t wrong to you once again.


    I showed you why he was transferred to the halfway house and will be fully released in May. It has nothing to do with the government being wrong or that he was not guilty of the crime he was convicted of. The crime Chansley plead guilty to was a felony charge of disrupting an official proceeding. He received a 41 month sentence and spent more than 2 years in prison for it.


    ”I told you, as did the link, why Chansley was transferred from the federal prison to be held in "community confinement" [halfway house]. There is nothing unusual about his [upcoming early release] as it is a fairly standard practice for nonviolent prisoners like Chansley who have racked up enough good behavior points. 

The crime Chansley plead guilty to was a felony charges of disrupting an official proceeding. He received a 41 month sentence and spent more than 2 years in prison.

    Again, if there were really any relevant video evidence withheld by the prosecution Chansley’s lawyers would rightfully be screaming for a new trial and they would be perfectly correct in doing so...But they are not...and you know as well as I do why they're not.

    Or...have Hate and Tucker really fooled you too, od ?


  24. by oldedude on March 31, 2023 4:43 pm
    The issue is that he SHOULD have spent at least the rest of his time on parole. And he didn't. That has been a main point all along. You're deflecting. period. Or you can't buy a clue how the system works.


  25. by islander on April 1, 2023 5:17 am

    od wrote: ”The issue is that he SHOULD have spent at least the rest of his time on parole. And he didn't. That has been a main point all along.”

    No. That’s not the issue at all and it never has been.

    The main point of this argument is whether or not Tucker Carlson‘s selective video clips proved that Chansley was an innocent peaceful protester, and this accounts for his early release.



    Your feelings that he should have spent the rest of his time on parole are just that...Your feelings. 



    They are irrelevant to this conversation. 



    This conversation is and has been about Tucker Carlson’s video clips. His followers claimed they proved Chansley’s innocence and hailed Tucker for his role in demonstrating it. They think this is why his sentence was reduced which of course is absurd. Go back to the beginning and read all the posts.



  26. by oldedude on April 1, 2023 9:18 am
    Okay, so once the video was shown, and defense didn't know the FBI/DOJ had the video, it created my scenario that you're avoiding. Since FBI/DOJ didn't share the video, it became a mistrial because it was withheld evidence which is illegal. I know you know jack and sht about what I'm saying, but no one cares. Rule 16 of the federal code (and is held as the standard by every other state) says this whatever you "want" you "feelings" to say. I'm giving you fact, and since you have never heard of it (that's why I cited US Law on the Cornell Law school site), you're going to fight with something that doesn't exist.


  27. by oldedude on April 1, 2023 10:15 am
    Here it is according to DOJ. curt is going to argue "exculpatory evidence" isn't shown. In this case, DOJ knew they only had a 30% chance of winning that. Because this happened without any known court motions, my guess is that Doj was informed defense counsel was going to motion the court (in open court) to argue that DOJ manipulated the evidence and violated discovery rules (there are plenty of cases to choose in violation of Rule 16). Instead of taking that chance and showing the world we are NOT a nation of laws, but rather a nation of lawlessness, DOJ decided to make it just go away. The footage from Tucker was known and was all over Youtube. If they were to openly go after Tucker or any others would prove the conservatives correct.

    In the 1963 decision in Brady v. Maryland, the U.S. Supreme Court held that in a criminal case, the accused has a constitutional right to discover exculpatory evidence held by the prosecution. The doctrinal seeds of the Brady decision rest on the due process clause and almost 30 years of prior case law addressing such issues as witness intimidation, perjured testimony, impeachment evidence, and informant identity. The major standard applied in discovery cases -- materiality -- was defined in the 1985 decision in United States v. Bagley. The discovery right is limited to evidence in the Government's possession that is both favorable to the defense and material to the issue of guilt or innocence. The Brady rule imposes a substantial burden on police and prosecutors to be alert to the existence of such evidence and to be sensitive to their duty to disclose. A request for disclosure is not necessary to trigger this obligation in all cases, and the duty operates regardless of the good faith of the prosecution. A violation of the duty, if discovered, results in the invalidation of the proceeding and requires a new trial. An undetected violation results in an unfair trial and a violation of due process.
    ojp.gov


  28. by Curt_Anderson on April 1, 2023 11:23 am
    Well, OD, we will soon see if the QAnon Shaman's lawyer tries to make the same case you make and the court agrees to hear it and rule favorably on QAnon Shaman's behalf.

    Along those lines, do you think that Trump might introduce video of him NOT paying money to a porn star, NOT violating election laws and NOT falsifying business records?


  29. by HatetheSwamp on April 1, 2023 1:09 pm

    Gutfeld says not to call her a porn star. Actress, yeah. But star? No.

    Is there sumpthin wrong with paying a porn actress?


  30. by oldedude on April 1, 2023 1:12 pm
    You still refuse to understand what happened.

    Either you're too TDS to understand the rights given to you (which is more than sad) and everyone else in this country doesn't base these rights on whether you like or dislike the person being tried. Just remember that when we talk about pedojoe and his cocaine snorter whore-baiting son. Those same rules apply.


  31. by islander on April 1, 2023 1:23 pm

    od seems to believe that there is "exculpatory evidence" not presented to the defense. The selected video clips used by Tucker Carlson to try and prove this claim are not exculpatory evidence.

    Exculpatory evidence is evidence that absolves the alleged guilt of a defendant.

    The defendant, Chansley was charged with and plead guilty to a felony charge of disrupting an official proceeding.

    We all saw Chansley with the mob illegally breaking into the Capital building in real time. This attack on the Capital caused the interruption of the counting of the electoral votes.

    The video clips provided by Carlson do not in any way absolve Chansley of his accountability for his role in the attack.

    Therefore they are not exculpatory evidence.

    Try as they might, neither od nor Carlson has nor can they produce any such videos.

    The prosecution has videos of Chansley committing the crime he was charged with and to which Carlson plead guilty. Not only that, the crime was witnessed by millions of us in real time.

    Here is Chansley caught in the act of breaking into the Capital and disrupting the vote count.



  32. by oldedude on April 1, 2023 2:51 pm
    Therefore they are not exculpatory evidence.
    And you know this how? You're now a trial lawyer? You're not connecting any dots. At all.

    Like I said before, IF there was a threat to unveil the entire video and the governments' attempt to lie (for the what, 20th time?) to our courts system, someone would have decided to cut their losses and run.

    I know your "legal thought is full of sunshine, multicolor unicorns and fairies with little tutu's on, but you actually need to have a realistic view of the government. People will do things to keep the next "person" in line safe. They lie about it, they will cheat and steal.

    They are having enough issues with dumping the pedojr case with the media (which I've cited a half dozen times. FBI is in trouble. According to the most recent survey by Gallup on the topic, public trust in the FBI has fallen in recent years. Where 57 percent of U.S. adults said that the FBI was doing either an “excellent” or a “good” job in 2019, this fell to 44 percent in 2021.

    One would think you might look at these things.
    Oh. yeah. sorry, I forgot who I was talking to.
    statista.com


  33. by islander on April 2, 2023 7:08 am

    od wrote:
”Oh. yeah. sorry, I forgot who I was talking to.”

    You do that quite often od but I think it’s OK, as I would guess most of the readers here do... We’re used to it.

    Lots of people talk to themselves and/or read out loud to themselves. And I’m sure we all at times carry on a sort of conversation within ourselves especially when we’re thinking about making a choice or how best to make an idea more clear to others.

    Here on this board however you just seem to post the imaginary and very emotional conversations you’re having with yourself. And with all the silly name calling and insults going on in your head it’s no wonder it’s so hard for you to stay on point.


    I think this is probably why the thoughts you express in your posts sometimes sound like random, incomplete, and disconnected musings. The big problem with that is that it usually makes your posts hard to follow, and it makes having an intelligent and rational dialogue with you virtually impossible.



  34. by oldedude on April 2, 2023 10:04 am
    No, simply I forgot I was talking to you, which means you're going to deceive, deviate, and obscure. Which you just did. You don't have the background. Fluffy is your sole source of information, so you can't be rational.


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