Constitutional rights under attack in Jan. 6 prosecutions

 Andrea Widburg:

One of the most visible signs of our federal government’s corruption is the treatment being meted out to the January 6 prisoners, who have been deprived of their express and inherent rights under the Constitution, one of which is the right to an impartial judge. Dustin Thompson, however, was not accorded that right, as Judge Reggie Walton explicitly showed his political bias and hostility to Thompson. Walton should have recused himself before the trial. With the trial over, at the very least, the judgment should be reversed. Ideally, Walton would be removed from the bench and disbarred.

The Bill of Rights describes rights inherent in the individual; they are not “gifts” from the government. All Americans enjoy them automatically and the government may override these rights only by showing an overwhelming need to do so.

When it comes to the January 6 martyrs, however, the federal government under Biden and Attorney General Merrick Garland has deprived these martyrs of multiple rights. Specifically:

  • the First Amendment (most of the defendants were peaceably assembling because the police let them into the Capitol),
  • the Fifth Amendment (for they have been deprived of life, liberty, and property for over a year without due process),
  • the Sixth Amendment (they’ve been deprived of speedy trials and the right to be informed of the nature and cause of the accusations against them), and
  • the Eighth Amendment (being denied bail is tantamount to impermissible excessive bail).

In addition to the explicit rights set forth above, there is an implicit right that underlies the Fifth, Sixth, and Eighth Amendments: An impartial judge or a judge who is moral enough to rise above his own prejudices in the interests of justice. Indeed, that requirement is embedded in each of the five Canons that make up the Code of Conduct for United States Judges:

Canon 1: A Judge Should Uphold the Integrity and Independence of the Judiciary

Canon 2: A Judge Should Avoid Impropriety and the Appearance of Impropriety in All Activities

Canon 3: A Judge Should Perform the Duties of the Office Fairly, Impartially and Diligently

Canon 4: A Judge May Engage in Extrajudicial Activities That are Consistent With the Obligations of Judicial Office

Canon 5: A Judge Should Refrain From Political Activity

D.C. District Court Judge Reggie Walton failed this requirement spectacularly.

What’s surprising is that Walton is not a Clinton, Obama, or Biden appointee. He is, instead, a product of the Reagan and Bush eras. However, as the last five years have demonstrated, some of the most fevered hatred for Donald Trump and his supporters comes from the “NeverTrump” crowd.


...

I suspect that Walton is not the only one involved in the alleged unconstitutional prosecutions.  The Jan. 6 defendants appear to be the victims of a double standard where much more violent rioters at BLM events go completely unprosecuted at all. 

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