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Justice Matters with Glenn Kirschner

Why are the Insurrectionists (1) Being Charged with Minor Crimes & (2) Being Released by Judges? Here's Why...

Justice Matters with Glenn Kirschner

Crossover Media Group

Legal, Progressive, Judicial, Politics, Political, Government, Law, News, News Commentary, Justice, Democrats, Justice Department, Liberal

4.82.6K Ratings

🗓️ 29 January 2021

⏱️ 16 minutes

🧾️ Download transcript

Summary

Two questions frequently are being asked in the aftermath of the January 6th storming of the US Capitol: 1. Why are the individuals who are being arrested being charged with what seem like low level criminal offenses? 2. Why are most of the insurrectionists being released by judges after they have been arrested and presented in court? In my 30 years as a federal prosecutor, I investigated, indicted and tried many conspiracy cases. Here are some of the institutional, procedural and practical reasons driving the charging and detention/release decisions. And here are some of the real world reasons as well. Please consider becoming a #TeamJustice patron at: https://www.patreon.com/glennkirschner My podcast, "Justice Matters with Glenn Kirschner" can be downloaded where you get your podcasts. Follow me on: Twitter: https://www.twitter.com/glennkirschner2 Facebook: https://www.facebook.com/glennkirschner2 Instagram: https://www.instagram.com/glennkirschner2 Support the show (http://www.patreon.com/glennkirschner) Learn more about your ad choices. Visit megaphone.fm/adchoices See Privacy Policy at https://art19.com/privacy and California Privacy Notice at https://art19.com/privacy#do-not-sell-my-info.

Transcript

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0:00.0

So more insurrectionists are being arrested every day for what they did at the U.S. Capitol on January 6th.

0:10.0

Two questions continue to bubble up.

0:13.0

One, why do they seem to be charged with low-level offenses?

0:17.5

And two, why are the judges releasing them

0:21.8

pending trial rather than detaining them rather than ordering

0:25.8

them jailed pending trial and does any of this really look like equal justice for all?

0:37.3

Let's talk about that, because justice matters. Hey all, Glenn Kirchner here.

0:55.0

So today I want to try to take on two issues.

1:02.0

I've heard the same two questions asked over and over again and they're really

1:06.7

good questions. One is a little bit easier to answer and the other one is a little less easy. So the first question is

1:17.1

why are so many of the insurrectionists being charged with relatively low-level offenses.

1:25.0

And then the second question is,

1:28.0

why are the judges releasing so many of the insurrectionists after they've been locked up,

1:38.0

they've been presented to the court, and now they have to come back for their trial.

1:43.0

Why are so many of them being released instead of detained,

1:47.6

instead of jailed, pending further proceedings in their case.

1:53.0

Let me start with the one that's a little bit easier to answer.

1:57.0

And that is, why are so many insurrectionists being charged with what sound like low-level offenses, right?

2:05.0

Unlawfully entering a federal facility with the intent to commit an offense therein,

2:11.0

basically a glorified trespass.

2:15.0

Well, here's why.

2:16.7

And it's actually part of the blueprint

...

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