“Obviously, the January 6th riot was a serious and sui generis threat to our country’s body politic.”dislaxxic wrote: ↑Mon Aug 16, 2021 11:04 am DON’T IGNORE WHAT TREVOR MCFADDEN HAS TO SAY ABOUT JANUARY 6
McFadden is a judge that Orange Cheeto appointed...
..McFadden based his decision on this point in part on separation of powers (the basis for some of his decisions that have been deemed pro-Trump) and presumption of regularity, as well as basic facts. He deemed reasonable the possibility that prosecutors viewed Griffin’s leadership role to be more important to prosecute. He suggested he might sentence Griffin (if he were found guilty) leniently based on a comparison with similarly situated protestors against Kavanugh. But he also based his decision on the notion that Griffin’s threats of violence (raised in a detention challenge conducted before Michael Sherwin departed) could pose a genuine concern to the government.
McFadden is not treating this investigation as a witch hunt against people with right wing views.
But at the same time, McFadden has deviated from his colleagues’ more alarmist language to refer to January 6. At least twice in hearings (including on this Griffin challenge), McFadden admonished an AUSA who referred to January 6 as an insurrection. Have you charged anyone with insurrection, McFadden rightly asked. In a court room, these are not empty terms. They are also names of crimes. And DOJ needs to be careful not to accuse these defendants of crimes that — for whatever reason — they haven’t charged.
It’s not that McFadden thinks January 6 was not serious. In the same Hale-Cusanelli hearing, he described, “Obviously, the January 6th riot was a serious and sui generis threat to our country’s body politic.” But thus far (he has not presided over any of the six cases that have been sentenced yet), he has adopted a more moderate tone in discussing the event.
As a creature of the law and order establishment, he has not idea what is coming. Adherence to the rule of law is voluntary. Has he forgotten about force majeure? I think the social contract will fail as all parties begin to invoke force majeure and become selective in in their adherence to the social compact.
What do you think the January 6th riots were?
How about widespread "revolt" against nonsensical "anti-masking" edicts in Florida and Tejas?
All dam failures start out slowly...
"Freedom's just a nother word for nothing left to lose".
