Prosecutors Seek Dismissal Of Charges Against Capitol Riot Defendant, “In Rare Mistake”

Federal prosecutors requested a judge on Monday to dismiss criminal charges against a defendant in the Capitol riots and free him from custody, in a rare acknowledgement in a court filing that the Justice Department had breached his fundamental right to a speedy trial.

At the same time, prosecutors asked for authorization to re-file the criminal charges, claiming that the defendant is facing “the most serious offences alleged in relation to the attack on the Capitol,” aside from the Oath Keeper militia members who are facing seditious conspiracy charges.

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Prosecutors admitted in the complaint that they made a mistake by failing to obtain an indictment or criminal information against Texas resident Lucas Denney within 30 days after his arrest on December 13, 2021, as required by the Speedy Trial Act.

Denney was charged with assaulting or resisting police, impeding law enforcement during a civil disturbance, and obstructing an official proceeding, among other things, in a criminal complaint.

He was imprisoned for several months until the government obtained an indictment against him on March 7, 2022, two days after his defence counsel filed a formal plea for his release and dismissal of the accusations.

Prosecutors Seek Dismissal

Reuters, WASHINGTON, March 14 – Federal prosecutors requested a judge on Monday to dismiss criminal charges against a defendant in the Capitol riots and free him from custody, in a rare acknowledgement in a court filing that the Justice Department had breached his fundamental right to a speedy trial.

At the same time, prosecutors asked for authorization to re-file the criminal charges, claiming that the defendant is facing “the most serious offences alleged in relation to the attack on the Capitol,” aside from the Oath Keeper militia members who are facing seditious conspiracy charges.

Prosecutors admitted in the complaint that they made a mistake by failing to obtain an indictment or criminal information against Texas resident Lucas Denney within 30 days after his arrest on December 13, 2021, as required by the Speedy Trial Act.

Denney was charged with assaulting or resisting police

Impeding law enforcement during a civil disturbance, and obstructing an official proceeding, among other things, in a criminal complaint.

He was imprisoned for several months until the government obtained an indictment against him on March 7, 2022, two days after his defence counsel filed a formal plea for his release and dismissal of the accusations.

Denney never made an initial appearance in the United States District Court for the District of Columbia as required during that time, despite repeated fruitless attempts to organise one.

Prosecutors stated in their Monday filing, “To be sure, the government failed to comply with the Speedy Trial Act in this case.” “However, there is no indication of bad faith, a pattern of neglect, or anything more than a one-time occurrence brought about by a variety of unfortunate circumstances.”

The Justice Department has struggled to keep up with the extensive investigation into then-President Donald Trump’s supporters’ failed attempt to stop President Joe Biden’s election victory on Jan. 6, 2021.

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According to reports in the media

Federal magistrate judge last week chastised the Justice Department for taking on more than it can handle, stating the department should not take on so many cases if it has the resources.

He was imprisoned for several months until the government obtained an indictment against him on March 7, 2022, two days after his defence counsel filed a formal plea for his release and dismissal of the accusations. Denney never made an initial appearance in the US District Court for the District of Columbia as required during that time, despite repeated fruitless attempts to organise one.

Prosecutors stated in their Monday filing, “To be sure, the government failed to comply with the Speedy Trial Act in this case.” “However, there is no indication of bad faith, a pattern of neglect, or anything more than a one-time occurrence brought about by a variety of unfortunate circumstances.”

The Justice Department has struggled to keep up with the extensive investigation into the failed attempt by then-President Donald Trump’s supporters to stop President Joe Biden’s election victory on January 6, 2021.

More than 775 people have been charged so far.

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According to reports in the media, a US magistrate judge last week chastised the Justice Department for taking on more than it can handle, stating the department should not take on so many cases if it has the resources. According to Reuters.

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