Tuesday, March 08, 2022

DOJ Rushes to Obtain Indictment for January 6 Defendant to Cure Illegal Detention Claim

DOJ Rushes to Obtain Indictment for January 6 Defendant to Cure Illegal Detention Claim
"As I reported Monday, a January 6 Defendant arrested December 13, 2021, had not yet been indicted even though the Federal Speedy Trial Act requires the Government to indict someone within 30 days of the date of their arrest. 
The Defendant, Lucas Denney, had a hearing Monday afternoon on his counsel’s motions filed last week seeking his release and dismissal of the then-pending charges based on a criminal Complaint.
The magistrate judge commenced the hearing by apologizing to Denney that he had been “lost” by the system. 
He expressed frustration and outrage that the Department of Justice did not properly notify the court of Denney’s arrival in DC or properly docket the case’s next procedural step, thereby causing Denney to sit in a jail cell for weeks before being seen by a judge in DC...Read all!

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