One January 6th defendant fights back
Following January 6, we’ve been reading stories about people imprisoned for months in solitary confinement and meekly accepting grotesque plea bargains just to get out of the government’s toils. Thomas Edward Caldwell and his attorney, however, are made of sterner stuff. It’s to be hoped that their fight against the federal government will open a new chapter in fighting back against the calumnies and prosecutions emanating from a hyper-partisan “justice” department.
Caldwell’s motion can be read here.
The January 6th detainees have been treated disproportionately harshly. This is necessary in order to further the Democrats’ narrative about January 6th. The DC court system with which the defendants must deal is enormously pro-left and pro-Democrat – and, as Caldwell’s motion asserts, only 5% of DC residents voted for Trump. Caldwell is asking that his case be moved to the Western District of Virginia because the DC pool is extremely tainted at this point (my prediction is that the request won’t be granted, however).
Caldwell is a 20-year U.S. Navy veteran who was apparently outside of the Capitol Building on January 6. He is charged with four felony counts: conspiracy, obstruction of an official proceeding, entering and remaining in a restricted area, and tampering with documents or proceedings.
Here is what he is not, according to his attorney. Caldwell is not a “white supremacist,” nor a “white nationalist.” He is not a would-be murderer or a member of a militia group. He did not suggest “gassing” and “executing” members of Congress. He did not lead Oath Keepers, since, presumably, one would have to be an Oath Keeper to lead Oath Keepers. Fischer says his client is not a member…
The defense motion claims that prosecutors “knowingly disseminated false and incendiary claims” that Caldwell and others planned to sack the Capitol and “execute” people when they had no evidence for it – not even after conducting a “cyber colonoscopy” on cell phones and computers. There was no “plan,” Caldwell’s attorney claims. That allegation was based on “a rumor started by government bureaucrats attempting to cover up their incompetent leadership.”
The motion alleges, among other things, that these lies have tainted the DC jury pool. Some of these stories included the following:
…a CNN story claiming Caldwell was part of an “execution squad” that planned to “seal” congressional members in “tunnels under capital” [sic] and “turn on [the] gas” – the acting U.S. Attorney Michael Sherwin gave a “reckless” “prejudicial and extrajudicial” interview intimating that Caldwell was part of a plot to overthrow the government…
Would-be jurors’ “psyches” were subject to an assault on their liberty, fear for their safety, and belief that they were imprisoned in an armed encampment … because they basically were, [Caldwell’s attorney] Fischer argues.
I can pretty much guarantee that 99% of the people I know – none of them potential DC jurors, however – believe that all of that, and more, is true not just of Caldwell but of the many hundreds of January 6th detainees. They probably also think that the half of the population which voted for Trump approves of the nefarious goings-on, with perhaps the small exception of yours truly.
Lies are very effective, especially when backed by the full weight of the government and the MSM.
The existence of what can only be called “political prisoners” (a term once upon a time not normally applied to the justice system in our now rapidly-decaying republic) is truly a national disgrace, nor can there be any expectation of anything even remotely resembling a fair trial for any of these poor souls in DC. On two related notes, following Trump’s recent query about the identity of Ashli’s shooter, various sleuths on the internet seem to have identified, beyond any reasonable doubt, the identity of the black Capitol officer who shot her, while there can be no doubt whatsoever about the hyper-partisan ferocity of Michael Sherwin, who seems to have no more respect for due process or even common decency than the infamous Andrew Weissmann.
I know a number of otherwise seemingly sensible people (not crazy leftists) who have said “Ashli Babbitt got what she deserved.” It’s very discouraging. To point out the obvious: Imagine the outcry if the cop had been white and the victim black. And even if the black victim had been armed or physically threatening someone’s life. She was doing none of that.
A rug unfurled, an invitation extended, only to be pulled for a political maneuver with em-pathetic, opportunistic appeal.
The apology brayed for the elective abortion of an unarmed woman, Babbitt, was that she posed a plausible (i.e. modern jurisprudence, witch trial), rather than a probable, threat. A veritable “burden” to Pelosi et al’s denial of a federal offer to carry out crowd control. The same depraved mindset that excused Floyd’s self-abortion in a medical event that originated and progressed long before he was restrained, and a socialized mob that prevented access by authorized personnel (itself a testament to the low trust society forcing in a social justice climate) to provide medical care.
That said, another Democrat handmade tale with “benefits”.
I can think of only two reasons why Congressional Republicans are letting the democrats get away with this; collaboration and/or fear. In either case it’s moral cowardice and an ethical violation of their oath of office. Due process denied is a denial of justice itself.
“I know a number of otherwise seemingly sensible people (not crazy leftists) who have said “Ashli Babbitt got what she deserved.” Jimmy
Hopefully, they’ll get what they deserve. They’re going along with the media’s propagandistic tune, not that it will stop them but they’ll have no room for complaint when it comes time to pay the piper’s bill.
Those that enable evil bear their share of responsibility for that evil. The driver of the holdup car doesn’t escape complicity in a bank robbery. As they are participating in and enabling the robbery.
The proportonate consequence for any judge who denies an accused a fair trial is to receive the same sentence as the convicted. A strongly biased jury makes a fair trial an impossibility.
Lies are particularly effective, even welcome, when they satisfy a need.
I must say, the libs’ view of the Babbit murder is positively bloodthirsty. And their view of the Jessica Whittaker murder is….meh.
I suspect that a number between zero and zero liberals know how obvious they are.
I have been curious for some time as to whether the political prisoners have any legal representation at all.
Ordinarily you would expect some powerful firms who value justice to step up with a Pro-bono defense. I suppose fear trumps values.
I have written about how I repeatedly questioned my Republican Congressman about the identity of Ashli Babbitt’s killer. The one time he replied was on the very day that Boyd’s identity became public knowledge; but the Congressman did not tell me that. He also repeated the disgusting DOJ rationale for not prosecuting the unnamed shooter.
I have to assume that he is simply craven. In my opinion I have no Congressional representation.
Not only everything in the post and comments.
But also: compare the “punishment” meted out to govt employees who, for example, turned a blind eye to wrongdoing such as lying on a FISA form.
Compare with activists and protestors who killed, burned buildings, and the like such as the Molotov Cocktail lawyers in NYC.
My God in Heaven! Political prisoners harshly treated, in solitary confinement for months. Where is the Right to a speedy trial? Oh, yawn.
The American Republic is dying, not to be resurrected. Only its actual date of death remains uncertain.
Here is a quote from our esteemed HHS Secretary today about our freedoms: “But we are America. We try to give people as much freedom and choice as possible. But … ”
Note the “We try to give”. He is of course lying if he has any knowledge of Natural Law, especially as cited in the Declaration of Independence. He is a lawyer, and they study this stuff, if only
a wee bit. Freedoms are not the Biden Administration’s to award or grant. They are inalienable.
Bexerra is just another Mexican on the wrong side of our invisible border. The aim is to create a Nuevo Grande Mexico to replace the USA, thus the flood of illegals.
Ordinarily you would expect some powerful firms who value justice to step up with a Pro-bono defense. I suppose fear trumps values.
You remember the BigLaw associates knocking each other over to represent Guantanamo detainees. The children of this nation’s fancy people are a scandal.
I have to assume that he is simply craven. In my opinion I have no Congressional representation.
If I had to guess, I’d say that about 70% of the Republican congressional caucus consists of capons and Chamber-of-Commerce lickspittles. Richard Burr is the echt Republican in our time.
“Ashli Babbitt got what she deserved.” It’s very discouraging.
My Bernie Bro cousin in Alliance Ohio was aghast. Crickets from the rest of the Democratic voters amongst our relatives.
Viva frei says this Change of Venue Motion is designed to be read because of the collective perfidy it exposes by the Ruling Class against the facts, Truth, and justice.
https://www.google.com/search?q=caldwell+viva+frei+youtube&oq=caldwell+viva+frei+youtube&aqs=chrome..69i57.16870j0j4&client=ms-unknown&sourceid=chrome-mobile&ie=UTF-8#
““Ashli Babbitt got what she deserved.” It’s very discouraging.”
Problem is that no matter what excellent qualities she may have possessed and no matter how good her motivations and past service record may have been, she was a PROLE. With a ridiculously-spelled prole given name right out there to hammer the point home.
We have all seen her pics and her name and had a slightly visceral reaction before adopting the Correct Response for Our Side.
I rant about Race. I should spend equal time ranting about Class.
There most definitely is an undeclared Class War raging within Whiteydom — 99% of it being of the Punching Down variety. It won’t be won without more of us becoming class traitors and joining with the Proles to fight back. This will sometimes involve an element of distastefulness. But it has to be done.
Successful revolutions need middle and upper class class traitors. Right now not nearly enough of them.
Been true of every revolution — with the exception of a very atypical Merchants / Smugglers / Landed Gentry Putsch you Americans so quaintly call a Revolution :).
The Whitey Class War will not be won until every surviving Shitlib is forced to hire an Appalachian Gardener and protect him from Fentanyl Dealers.
Strange how the right, which per capita is heavily armed, failed to bring many weapons to an attempt to overthrow the government.
There is projection at work even here. Since the 1960s, the left has used largely unarmed mobs to commit acts of violence, basically hiding behind the fact that they are not carrying those terrible firearms. So why should they not think that a right wing attempt to “ overthrow” the government would somehow show up without guns?
The right is trying to preserve the current order.
When the right collectively decides it is time to really, really fight, they will show up with guns.
But logic has almost zero effect on the left. Certainly not as much as it should, for human beings, creatures supposedly at the top of Earth’s evolutionary ladder….
jon baker:
We are running out of time to set things right.
Neo: Zaphod write of “you Americans” above, so presumably he is not one of us.
@Cicero:
That’s not news.
Also not going to stop me giving you free advice. We’ve all been getting it from you guys for long enough.
I somehow doubt Neo needs reminding that I’m “not one of us.”
Really would be more interesting to know whether or not you have any useful opinions on how to handle the GoodWhiteBugPeople / BadWhiteProles split which is tearing your country apart and destabilising the rest of the globe as a not inconsequential side-effect.
Zaphod,
“Ashli Babbitt…. was a PROLE.”
Try getting along without those who “chop wood and carry water.”
Let the elite try getting along without truckers, plumbers, electricians, mechanics, nurses, farmers, firemen and cops.
The world’s elite are so divorced from day to day reality that they fail to grasp a simple truth; the elite need those ‘proles’ far more than those proles need the elite.
I expect the elite to keep pushing their Great Reset and to reap the whirlwind as a result. I also expect ‘teachers’, administrators and school board members to keep pushing CRT. And they too shall reap the whirlwind.
@GB:
“Let the elite try getting along without truckers, plumbers, electricians, mechanics, nurses, farmers, firemen and cops.
The world’s elite are so divorced from day to day reality that they fail to grasp a simple truth; the elite need those ‘proles’ far more than those proles need the elite.”
You are right. But today the Oligarchs have the tools to wipe out a not-insignificant number of Proles before reality bites (both ways).
How does one get through to each Managerialist Minion of the Oligarchy whose very sense of identity let alone status depends on his/her *not* understanding any of the above?
Zaphod,
A 2×4 upside the head is a tried & true method for getting someone’s attention. Some lessons can only be learned the hard way.
Zaphod:
That you were not a citizen is news to me.
What is your nationality?
And how does the constitution of your fair land compare to the American one?
As to the future and elimination of “Proles”, just await AI.
“First they came for the protestors at Kent State. And I protested, for I didn’t want my ass sent to Vietnam.
Then, 50 years later, they came for protestors calling attention to the irregularities surrounding the 2020 election. And I said Yay!, because I am a piece of shit”
Heights, Class of ’70
G Britain,
The world’s elite are so divorced from day to day reality that they fail to grasp a simple truth; the elite need those ‘proles’ far more than those proles need the elite.
I agree. Douglas Murray has said the current actions of our times are like the French Revolution. The elite have become so out of touch of what is really going on in society. They are so removed from the ‘workers’. Even FDR drove around back woods America and talked to working people. I doubt Pelosi steps out of her back yard to see what is happening to her City or the Obama’s leave the island to see what is happening to their City Chicago.
@JHCorcoran:
Extra Twist: Douglas Murray is right about all that AND out of touch simultaneously. Truly we must live in a Quantum Universe.
@ Zaphod
Successful revolutions need middle and upper class class traitors. Right now not nearly enough of them.
I agree it is a white class war. It has nothing to do with race. The upper middle, middle and wealthy white classes have sold the USA away. We do not make things, instead we have cheap labor and our politicians are for sale. I know life long Republicans who voted for Biden. I have not heard my moderate liberal friends complain about Biden. Are they blind, ignorant or think they are ‘cool’ for voting for Biden? Seriously, the USA appears weak and other countries are laughing at us. Our adult college educated children are whiney emotional basket cases, and hate their country. The best thing they could do is grow up and realise the reality of of their woke lives. It is better to be awake.
I also agree that what happens in the USA affects other countries around the world. With all our imperfections, the USA has a lot of good. It’s citizens need to realise the current freedoms and rights they have enjoyed will slip away if we keep heading in a leftist direction.
It is interesting that the most popular character in ‘The Walking Dead’ is Darryl, who is a white red neck. He is popular because he knows how to do things; hunt, fix things, protect his community, and kill zombies.
JHCorcoran,
Visit FDR’s Little White House in Warm Springs, Georgia sometime. “Modest” doesn’t do it justice. Tiny kitchen right off the entrance, tiny bedrooms and bathrooms, small living room. One Bakelite phone. A small wood-plank security booth (also with a Bakelite phone) at the entrance for the Secret Service guy. And this is the place from which FDR conducted business during the New Deal and WWII. He also toured the Georgia countryside, talked with poor people, and laid on Thanksgiving dinners for the community in those lean Depression years. Whatever you think of FDR or his policies, he was light years ahead of our current “leaders” in every respect that matters: character, competence, judgment, you name it.
As for upper middle- and upper-class traitors: Curtis Yarvin has self-identified as one (typical quote: “I hate these motherf***ers”–meaning Codevilla’s ruling class). I can think of a few others (e.g. Ric Grenell). But you’re right: not nearly enough.