The first of many high stakes poker trials to begin in DC
with this first January 6 defendant facing a jury as reported on from ABC News and also from Politico as well as from numerous other sources all with similar headlines:
“1st January 6 trial begins with high stakes for government
prosecutors”
My view right up front: Why a red meat media title of “high stakes for
prosecutors” when they are trying a case of a man who was part of a mob that tried
to destroy the very fabric of America: Law and Order, a Free, Fair, Safe, and
Secure election and Democracy itself?
Not melodramatic or hyperbole
either just the facts before us in this case. Justice must prevail because justice
matters – doesn’t it?
Jury selection was set to begin February 28 in the case of
Guy Reffitt, who faces five felony counts in the first trial of an alleged
participant in the January 6, 2021 attack on the Capitol. The stakes are high
for prosecutors because the trial will be closely watched by hundreds of other
January 6 defendants who have yet to enter into plea deals with the government.
It marks a significant turning point for the Justice
Department nearly 14 months into its sprawling criminal investigation of the
attack, and depending on the outcome, could prompt guilty pleas or encourage
defendants to fight in court.
Reffitt is a 49-year-old man from Wylie, TX, a suburb of Dallas, and is one of several rioters accused of possessing a firearm while on Capitol grounds.
Prosecutors say he traveled from Texas to Washington with an
AR-15 rifle and Smith and Wesson .40 caliber pistol. He is only alleged to have
carried the pistol in a holster during the riot itself. He was seen in pictures
and videos with the mob outside the West Front of the Capitol, wearing body
armor, a helmet, and carrying flexi cuffs.
Key Allegations:
· He allegedly “confronted Capitol Police officers”
on stairs just north of the temporary scaffolding that had been put up in
advance of the Biden inauguration.
· He at one point allegedly “charged at police,”
but was stopped after they shot him with two different types of
less-than-lethal projectiles and then pepper spray.
· He is alleged that after returning home
following the riot “to have threatened his
children” if they reported him to law enforcement.
· Due to his alleged dangerousness to the general
public, Reffitt has been held in pre-trial detention since arrest on January
16, 2021.
Reffitt's trial will take place at the D.C. District Court
in Washington, D.C. Jury selection is expected to last a day or two.
In a recent filing, prosecutors said they expect to call 13 witnesses in Reffitt's trial. This will include representatives from Capitol Police, the FBI, Secret Service, a counsel to the Secretary of the Senate, Reffitt's son and daughter, and a fellow member of the “Three Percenter” militia who traveled with Reffitt to D.C. and has been granted immunity for his testimony.
Reffitt is not alleged to have entered the Capitol, but prosecutors
are looking to persuade a jury that he joined with hundreds of others in the
mob seeking to disrupt Congress' certification of President Joe Biden's 2020 election
win.
Reffitt's attorneys tried and failed to get Judge Friedrich
to dismiss the charge against him that he sought to obstruct the certification –
the felony charge that is one of the most crucial to DOJ’s prosecution of the
riot and which has been leveled against more than 275 other defendants. The
charge itself carries a maximum sentence of 20 years in prison.
Reffitt's attorney,
William Welch, has argued there are several deficiencies in the government's
case. Specifically, Welch has sought to argue that Congress' convening on January
6 to certify the results of the 2020 election should not count as an “official
proceeding under law,” and that there is no evidence Reffitt acted “corruptly”
with the intention of disrupting lawmakers discharging their duties that day.
Welch also argued
Reffitt's comments to his family that he was charged for were merely “idle
threats,” and noted that Reffitt's wife and daughter both have said they never
feared for their personal safety despite his comments.
Reffitt is accused of telling that to his family, according to FBI
documents, saying: “If you turn me in, you’re a traitor and you know what
happens to traitors… traitors get shot.”
FYI for Welch: That
does not sound like an idle threat to me, Mr. Welch.
Plus, following his
arrest, Reffitt’s 18-year-old son, Jackson, revealed that he feared for his
safety so much that he tipped the FBI off, saying: “It just felt like the
right thing, regardless of my emotions and how I felt and how much I loved my
family and my dad.”
He then added: “I was worried. I didn’t think he would actually do anything bad but him saying anything even remotely threatening to me and my sister and my family and government officials, it was just too much.”
Jackson also said his father’s
behavior became increasingly worrying over the last four years.
Reffitt himself spoke to ABC News from jail saying: “This has been disastrous for me and my family, especially for my girls, my son -- actually, all of my family. It's not that hard to prove that I didn't do anything. It should be pretty easy.”
According to recent filings in the case, prosecutors will
look to underscore the dangers that the pro-Trump mob posed to lawmakers,
former Vice President Pence (e.g., the mob
shouting of “Hang Mike Pence”) and American democracy itself as they
attacked the Capitol that day.
At the trial, first-hand accounts from government officials
as well as a mountain of video are expected to be shown. Photo and audio
evidence that they'll use to implicate Reffitt as they paint a picture of an
American man radicalized to carry out an attack against his own government and
the rule of law.
My 2 Cents: Stay tuned for updates on this Reffitt trial.
It should prove to be very
interesting and hopefully with a positive outcome where justice will prevail.
Thanks for stopping by.
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