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Tipsheet

Did a Federal Court's Ruling Deliver a Blow to the Capitol Hill Insurrection Narrative?

AP Photo/John Minchillo

Was it a riot? Sure. Was it an insurrection? It’s a trigger word. Liberal peddle it anytime you mention what happened on Capitol Hill on January 6 when Congress was certifying the 2020 election results. Thousands of Trump supporters stormed the Capitol Building. Five people died during the event. Our own Julio Rosas was in the thick of it covering the melees inside and outside of the building. It was mayhem, but this notion that it was akin to the Storming of the Bastille took a hit with a recent federal court ruling that secured them a pretrial release as both were deemed not a danger to the public. We’re talking about the “zip tie” dude, who didn’t come to DC with these devices stuffed in his bag pre-travel. He took them off the table inside the Capitol Building (via The Hill):

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A federal appeals court on Friday ruled that a mother-son duo who face charges in connection with the Jan. 6 Capitol riot may be eligible for a pretrial release, arguing that they do not pose a continued danger to the public. 

The appeals court for the Washington, D.C., Circuit ruled that Lisa Eisenhart and her son, Eric Munchel, who face multiple charges including conspiracy and violent entry or disorderly conduct, “had a unique opportunity to obstruct democracy on January 6 because of the electoral college vote tally taking place that day, and the concurrently scheduled rallies and protests.”

Writing for the majority, Judge Robert Wilkins argued, “Because Munchel and Eisenhart did not vandalize any property or commit violence, the presence of the group was critical to their ability to obstruct the vote and to cause danger to the community.”

“Without it, Munchel and Eisenhart—two individuals who did not engage in any violence and who were not involved in planning or coordinating the activities—seemingly would have posed little threat,” Wilkins added.

On March 29, it was official. The mother-son duo was released from prison. Judge Wilkins is an Obama-appointed judge for the DC Circuit Court of Appeals. And this ruling may be a harbinger of things to come, as prosecutors appear to be having a lot of trouble making a case against the rioters who have been charged. Nuance is a killer for liberals. They don’t comprehend it, and that can land you in trouble fast with judges who understand it fully when dealing with these cases. The arguments over nonviolent and violent activities in these trials will be key (via WaPo):

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A man photographed inside the U.S. Capitol during the Jan. 6 riot with a handful of plastic handcuffs and the mother with whom he traveled to Washington will be released from jail to home confinement ahead of their trial after weeks of debate over how dangerous they might be.

Eric Munchel, 30, and his mother, Lisa Marie Eisenhart, 57, both accused of trespassing at the Capitol and obstructing the congressional confirmation of President Biden’s victory, can await trial on home confinement in Tennessee…

[…]

The two other judges on the three-judge panel agreed with Wilkins, an Obama appointee. But only one, a recent Trump appointee to the bench, said the mother and son should be released immediately. The other two agreed to send the case back to Lamberth for a second look. Prosecutors on Monday decided to agree to the home confinement.

[…]

While federal judges have been vocal in their dismay over the events of Jan. 6, prosecutors have failed in some cases to convince them that individuals accused of taking part deserve to be jailed pending trial. Chief U.S. District Judge Beryl A. Howellchided prosecutors earlier this month for making and then withdrawing sensational allegations about planning among the far-right Proud Boys for the Capitol breach.

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So, did it undercut the narrative that there was a riot? No, but these cases will be loaded with nuance, which the Justice Department, so far, has had trouble breaking down when it comes to prosecuting those who engaged in the mayhem in January. And it’s not like Eric Munchel or Lisa Marie Eisenhart are out of the legal woods, but it does hit the narrative that the rioters were part of this vast overarching right-wing coup. It wasn’t a coup. Coups take timing, preparation, and precise execution. This was a riot. Nothing more, though the liberal media has said this was akin to the 9/11 terror attacks of the Reichstag fire. Enough. It’s obviously not if judges are allowing defendants to remain home until trial. And they’re also not representative of the 74+ million people who proudly voted for Donald Trump in 2020. Of all people, liberal comedian Bill Maher was the one who pointed that fact in his closing commentary on his show Real Time. 

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