December 30, 2021
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5:12Now PlayingA Capitol Riot suspect was slapped down by a judge this week after he tried to use what we're calling the "Marjorie Taylor Greene defense." The alleged rioter tried to claim that he was being prosecuted for his political beliefs and not for storming the Capitol Building. The judge wasn't having any of it, and hopefully this ridiculous defense will weigh heavily during the sentencing portion of the trial. Farron Cousins explains what's happening.
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*This transcript was auto-generated. Please excuse any typos.
An alleged capital. Rioter got smacked down by a judge this week after the rioter tried to have his case dismissed or the alleged rioter again, you gotta say alleged cuz they have not been convicted, but the alleged Rio had to, uh, attempted to have his case dismissed because he's used what I calling now, the Marjorie Taylor green defense and the Marjorie Taylor green defense is quite simple. She has told us repeatedly that these people languishing in prison, these suspected capital riots are truly political prisoners. They were selected for prosecution, not because of the crimes. They may have committed, but because of their party affiliation. And that is exactly what this alleged. Rioter tried to argue with the judge to get his case dismissed. He said, I am not here. I was not arrested because of a potential crime. My only crime was being a Trump supporter.
And that is why I'm being prosecuted. Well, the judge smacked that down pretty dang quick, as you could imagine, but I gotta tell you, I gotta tell you the argument, like when you look at the whole argument that this alleged riot or put forward, uh, through his lawyers, of course, it's not that bad. I'm gonna be honest. It's really not that bad because at this capital riot or alleged capital riot, or let's go ahead and for the record, assume that every time I say capital riot or I'm, I'm putting the word alleged in front of it, cuz I'm tired of saying it. So they're all alleged unless they've been convicted. So anyway, this individual via their lawyers tried to argue that this was a selective prosecution for this individual because all those Portland rioters from last summer, about 96% of 'em had the charges against them dropped.
None of them were prosecuted barely and honestly not a bad comparison in my opinion, luckily I'm not a judge. So here's what the judge had to say for any of these discrepancy to matter. Uh, Jud must show that the Portland defendants are similarly situated to him. He cannot do so. Although both Portland and January six riots attacked federal buildings, the Portland defendants primarily attacked at night, meaning that they raged against a largely vacant courthouse and con the January 6th writers attacked the capital in broad daylight and many entered it. Thousands of congressional staffers walked the capital's corridor that day. So did hundreds of legislators and the vice president, all of whom appeared for a constitutionally mandated proceeding. So that even the judge said, Hey listen, sure they both attacked federal buildings, but the Portland folks literally attacked a building. They, they weren't going in there. They weren't stealing things from it.
They weren't threatening to kill people that were inside it. Like some of the riders did hang Mike Pence. Let's not forget that. So you're really comparing apples to oranges here and not to mention the fact. And I will point this out because it happened to me one time I tried to, uh, get out of a speeding ticket by saying that the folks in front of me, you know, I was annoyed. I said, Hey look folks. They were going even faster than I was. Why am I being singled out here? And the cop being a good Southern boy, he says, you ever go fishing? He said, yeah, of course I've gone fishing. He said, did you catch? 'em all he said no. And he goes, same here. That's how it is. Sometimes people, people do crimes and people who don't get prosecuted for crimes. Sometimes they get away with it. Sometimes you get caught and you have to face the music that doesn't make what you did any less bad, just because other people who did it didn't get caught. And of course, in this instance, we're not even talking about people who did the same thing. We're talking about people in a different city, under different circumstances. And most of the charges were dropped against them because the cops either one couldn't identify individuals or two, when they finally looked at it and saw these individuals, they couldn't prove that any of them did a crime.
It is what it is. I'm glad that judge McFadden did not agree to dismiss this case on these gray rounds. And to be honest,
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