Tuesday, December 28, 2021

Judge Rejects Proud Boys' First Amendment Claims In January 6 Conspiracy Case

A Federal Judge, is allowing a major January 6 Conspiracy Case against Four Proud Boys Leaders to move forward, Rejecting their Bid to throw out the Charges. Lawsuits allege Extremist Groups Financially Liable for Capitol Riot.

Judge Timothy Kelly, in a 43-page Opinion issued Tuesday, sided with the Justice Department (DOJ) on several key Legal questions, giving momentum to Prosecutors as they prepare for the first wave of U.S. Capitol riot-related Trials beginning in February.

Kelly greenlit Prosecutors' use of a Felony Obstruction charge, among several other charges, against Proud Boys Leaders: Ethan Nordean, Joseph Biggs, Charles Donohoe, and Zachary Rehl, who All pleaded Not Guilty.

The Judge also Rejected the Defendants' Claims that the Riot could have been a Protected First Amendment Demonstration. "No matter Defendants political motivations or any political message they wished to express, this alleged conduct is simply not protected by the First Amendment," Kelly wrote.

"Defendants are not, as they argue, charged with anything like burning flags, wearing black armbands, or participating in mere sit-ins or protests," Kelly added. "Moreover, even if the charged conduct had some expressive aspect, it lost whatever First Amendment protection it may have had."

Kelly also wrote: "Quite obviously, there were many avenues for Defendants to express their opinions about the 2020 presidential election, or their views about how Congress should perform its constitutional duties on January 6, without resorting to the conduct with which they have been charged."

The Felony Obstruction Charge, which carries a maximum 20-year Prison term, has been the cornerstone of many of the DOJ's most serious Cases related to the January 6 Attack on Congress.

Nearly every Defendant charged with it, is Challenging its Legality in Court.

Kelly, an Appointee of Trump, is now the Fourth DC District Court Judge, to uphold Prosecutors' use of the Law in the January 6 Cases.

The Ruling in the Proud Boys Case is especially notable because it and a separate Case against Members of another Right-Wing Group, the Oath Keepers, are Two of the most Prominent Prosecutions related to January 6.

Judge Amit Mehta previously Upheld Prosecutors' use of the Obstruction Charge in the Oath Keepers Case.

Members from both Groups are Charged with Conspiracy.

In this Proud Boys Case, the Four Leaders are accused of Working together to Lead and Outfit Members of their Group in a Paramilitary-style, Violent Assault on the Capitol.

NYC Wins When Everyone Can Vote! Michael H. Drucker

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