Apparently, Merrick Garland hasn’t read the 6th Amendment either.

Right to speedy trial or reasonable bail

Some Jan 6 rioters will be held in jail without bail for over a year on non-violent misdemeanor charges while the DOJ looks for evidence against them. You’re supposed to have your evidence BEFORE you charge someone.

Looks like Garland has no respect for any of the Bill of Rights, not just the 2nd. Thank goodness he was never put on SCOTUS.

24 thoughts on “Apparently, Merrick Garland hasn’t read the 6th Amendment either.

  1. Merrick Garland does not get to decide who gets bail and who doesn’t. Habeus Corpus has not been suspended. The DOJ representing the people can make recommendations about those who they believe present real danger but it is the COURTS that decide. The article you linked to contains the fact that your poster boy, White Supremacist Timothy Hale-Cusanelli, has had his status reviewed on appeal and did not prevail. The overwhelming majority of the accused are out on bail. As the courts have decided. NOT MERRICK GARLAND.

    Leave it to “conservatives” to overwhelm the system with massive amounts of coordinated criminal behavior and then whine that the system is overwhelmed. So unfair! Yeah, right.

    In your entire life have you ever raised this concern of pre-trial detention with regard to the way that poor and black people accused of crimes are treated? I doubt it very much. Just a few weeks ago you found grievous fault with the idea of “affordable bail.” Two thirds of people incarcerated nationwide are accused – not convicted. Blame that on Merrick Garland too, why don’t you?

    https://www.prisonpolicy.org/blog/2019/10/09/pretrial_race/

    Liked by 3 people

    1. Even White Supremacists are innocent until proven guilty and are guaranteed a speedy trial. TH-C will be in jail for over a year before the evidence against him is presented to his attorney.

      You’re supposed to gather evidence and then before you arrest someone, and arrest people on minor charges and then keep them in jail while you look for evidnece of some other crime to surface.

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      1. Is this a joke?

        The guarantee of a speedy trial does not mean that dangerous people cannot be held pending trial IF evidence is presented to a COURT demonstrating that danger. If you have some reason to believe that the courts have erred in their bail decisions then please share. But obviously you know very little about any of this. Hell, you even accuse Merrick Garland of making these bail decisions.

        Liked by 2 people

        1. No, it’s no joke.

          Arresting someone and THEN pouring over video evidence in hopes of finding something relevant for OVER A YEAR while the person sits in jail is a 6th Amendment violation.

          If you aren’t ready to go with the evidence you had at the time of arrest, then you go with what you have and let the chips fall where they may.

          It’s investigate, charge, try, not charge, investigate, try.

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          1. You are the joke. You have not even attempted to address the salient point – the COURTS decides on bail at the time of Arraignment based on whatever evidence is available at that time. There is no principle of law that says the gathering of evidence stops at the Arraignment. The article you cited reports that the holding of Timothy Hale-C has been upheld on appeal. Are the courts all “corrupt” too?

            Either you are completely ignorant of what you are talking about or you are dishonestly smearing Merrick Garland with something you know he is not responsible for. Either way, you are the joke.

            Maybe you should move to some “conservative” only forum where such nonsense that you started this thread with is cheered and not challenged? Might be more fun for you.

            Liked by 1 person

          2. The 6th Amendment promises a speedy trial. Even if the defendant were out on recognizance, that right is being violated.

            He is charged with a non-violent crime but the DOJ won’t even be ready for discovery for over a year while they pour through 20,000 hours of video in hopes they will stumble on something more serious.

            All the while, the charge is hanging over him, and monopolizing his life.

            Like it or not, this is a systematic violation of his 6th Amendment rights.

            He may well be a bad person, but he is in no way as dangerous as a DOJ that tramples the Constitution.

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          3. “He is charged with a non-violent crime but the DOJ”…

            Yet the former felon who UNINTENTIONALLY voted in Texas is being held on $100K bond, while the AG who is OUT on $35K, is prosecuting him.

            You just don’t see both sides have issues with non-violent offenders.

            Liked by 1 person

          4. You remain the joke. Still dodging the salient point.

            If there is a violation of the Constitutional rights of any of these terrorists, then it is the courts that you have your beef with, not the DOJ nor Merrick Garland. What amounts to a violation of the right to a speedy trial is not black and white. It is a matter of judgment guided by many factors outlined in Barker vs Wingo in 1972.

            https://www.annenbergclassroom.org/timeline_event/court-clarifies-speedy-trial-means/

            You are very selective in your concern for this Constitutional protection. I ask again, when have you ever condemned the YEARS that poor and black defendents are incarcerated waiting for their trials. To the best of my recollection, that would be never. You even vehemently opposed “affordable bail” that would address the issue of excessive pre-trial detention. Well, the vast majority of these White Supremacist terrorists are out on “affordable bail” and only a small fraction of the most dangerous are still in custody. And those decisions were made by the courts.

            Liked by 1 person

          5. Did you read the article? JudgeMcFadden, the same judge that denied bail. warned the DOJ of 6th Amendment concerns and set a trial date in November, even though the DOJ wanted one sometime well into 2022.

            As far as your implied charge of racism, sure I am opposed to Blacks being held awaiting trial for years on non-violent crimes. Do you know of any?

            “McFadden scolded the government for its backwards process. “You would not arrest [someone] then gather evidence later. That’s not how this works.” When Fifield said full discovery is in the best interest of the defendant, McFadden shot back: “Freedom also is important to the defendant.” The Trump-appointed judge raised concerns over Sixth Amendment violations. “This does not feel what the Constitution [and] the Speedy Trial Act envisions.”

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          6. “. . . sure I am opposed to Blacks being held awaiting trial for years on non-violent crimes”

            That implies that Blacks awaiting trial for years for violent crimes is Okay. Maybe you missed it, but assaulting police officers is a violent crime. But they are white and you want them to be set free and NOT have to wait.

            I am not implying anything. I am stating that you always display a double standard. Not ONCE have you accepted that the unarmed black victim of police or vigilante violence was not at fault in any way. It is ALWAYS their fault somehow. But Ashlii Babbitt or the Bundys or Koresh or the Ruby Ridge crew? Totally different tune.

            It is clear that the DOJ is swamped with work because of these criminals and that is the ONLY reason that they have proposed the schedule of trials that was proposed. You turn that simple and innocent fact into one of your drooling accusations – Merrick Garland, one of our foremost jurists, is willfully violating the Sixth Amendment. Obviously a hater has gotta hate.

            Liked by 1 person

          7. So, you have no examples of Blacks being held without trial for over a year for non-violent offenses.

            Didn’t think so.

            If the Feds don’t have enough evidence to try someone for the crimes they are indicted for in 6 moths, then the cases should be dismissed with prejudice.

            What they are doing is holding people without trial hoping to find evidence to convict them of a greater crime.

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          8. “So, you have no examples of Blacks being held without trial for over a year for non-violent offenses.
            Didn’t think so.”

            What are you even talking about?
            You are not as slippery as you seem to think you are. Your dodges are laughable. And your racially tinged double standards are palpable. I am not making this up. It is a fact.

            Liked by 1 person

          9. Then it should be easy to find examples.

            The 1/6 rioters may not be good people. A few might be White Supremacists, an even smaller number might have had murderous intent.

            But they still have rights, which are being abused for political reasons.

            As bad as some of these people might be, they are not nearly so dangerous as an AG who will not be restrained by the Constitution.,

            They don’t have to be good for Garland to be worse.

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          10. You are still dodging. Unsuccessfully

            What has lengthy Black pre-trial detention for NON-VIOLENT crime got to do with the treatment of the VIOLENT criminals accused with respect to January 6th? Answer : Nothing. There is no reason for me to cite such cases. They would have no bearing on the treatment of the VIOLENT criminals of 1/6. Only a handful out of the hundreds charged are being held without bail and those that are were out there by the courts because of the extreme violence of their crimes.

            Your accusations against the DOJ and Merric Garland are pure bullshit. They are working with the courts and with the defense attorneys to insure everyone gets a fair trial. You do not get a pass just because you and your buddies have clogged the courts with your crimes.

            Liked by 1 person

          11. Timothy Hale-Cusanelli, is charged only with NON-VIOLENT crimes. So, yes treatment of other charged with non-violent crimes are what is relevant.

            You decided to drag race into a discussion of the 6th Amendment. not me. So, back up your claims that I do not object to similar treatment of Blacks or admit that THC is being treated differently for political reasons.

            Garland is effectively holding political prisoners in violation to Constitution. That makes him a dangerous and corrupt partisan who should never have been considered for any court.

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          12. TH-C is being held without bail based on the decision at Arraignment and upheld on appeal. Decisions by the courts, not by the DOJ which has no authority to hold people without court approval. That decision to hold him was based on his statements that he was looking forward to civil war. He marked himself as dangerous in a lot of different ways.

            https://tinyurl.com/577sryda

            I did not drag race into it. I dragged you obvious double standard and hypocrisy into it.

            You really make it clear what your true values are when you start foaming at the mouth at the very fair treatment of these violent insurrectionists and organized White Supremacists trying to drag down the Constitution.

            Here is one of the violent shitheads your heart bleeds for . . .

            https://www.yahoo.com/lifestyle/former-virginia-policeman-charged-capitol-190900944.html

            What do you suppose he needed 34 guns and a pipe bomb for while awaiting trial on felony charges?

            Liked by 1 person

          13. Is THC to be tried for a violent crime or not?

            No amount of deflection will change the facts, he is being denied his Constitutional right to a speedy trial by the DOJ along with many others because the DOJ wants to mine 20,000 hours of video in hopes something will turn up.

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          14. I am through playing your game. Your imagined violations of the Sixth Amendment are MOOT. The DOJ asked for more time to prepare and document their cases, they got less. The denial of bail was a decision by the court based on evidence. All of that is what is supposed to happen. Now you are impugning the court’s integrity. There is no bottom to the depths of your hatred of our country and its institutions.

            In a nutshell you are full of shit just like all the others who – like you – spread the Big Lie and refer to these terrorists as “trespassers” and “tourists.”

            You can have the last word if you want it. I am done.

            Liked by 1 person

  2. Facial recognition software can find every time a given suspect appeared. That should take a few days.

    I suspect the real problem for Democrats is that most of the bad boys (I.e. criminals) were antifa, government informants, instigators, or FBI agents. Any evidence is likely to incriminate people they don’t want to reveal.

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    1. You forgot the ex-president. Tax cheat, business fraud, bank fraud, sexual predator, extortionist and sedition…for starters. Seems about a dozen or so of his “trusted” friends, advisors and staff are facing prison time as criminals.

      At least add him and his cronies to your list.

      Liked by 2 people

    2. “I suspect the real problem for Democrats is that most of the bad boys (I.e. criminals) were antifa, government informants, instigators, or FBI agents”

      Of course you do!

      And that is exactly why the Republicans are doing their best to sabotage any non-partisan investigation. Makes perfect sense.

      Liked by 1 person

    3. Well, then, you should support an investigation to confirm your beliefs.

      But, as you know, an investigation means testimony under oath. You can hope some of them snare Pelosi, but the fact is she has nothing to do with it except in Trump world.

      Wonder who tipped off Mo Brooks so he could wear a flak jacket at a presidential rally where he would normally be as safe as a baby in swaddling clothes.

      Liked by 2 people

    4. “I suspect the real problem for Democrats is that most of the bad boys (I.e. criminals) were antifa, government informants, instigators, or FBI agents.”

      And I suspect you have stopped taking whatever meds you should be on for rational thought to occur.

      Liked by 1 person

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