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The Emerging Reality Is the Biden Justice Department Will Charge Everyone It Can Identify for Capitol Protests

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There is an exchange early in the movie “Outlaw Josey Wales” where two characters are arguing over the ongoing efforts of the Union Army to round up — and execute — Confederate soldiers after the Civil War.

A former Confederate officer says to the Union officer, “Killing Wales is the end of it.”

The Union Officer replies, “Doin’ right ain’t got no end.”

I’m convinced that the latter sentiment is the official policy of the Democrat Justice Department in the Biden Administration (even though what they’re doing isn’t right). The simple reality is that prosecutors in the DC US Attorney’s Office are not exercising prosecutorial discretion to decline to bring charges against individuals who were merely present inside the Capitol on January 6, with no evidence that they did anything else.

Most of the attention remains focused on the small number of cases where the government prosecutors have charged multiple individuals in conspiracies involving pre-planning and organizing of groups to Washington DC on January 6 with the purpose and goal of preventing the meeting on Congress from taking place to “certify” the vote of the members of the Electoral College. Those cases, as a general proposition, involve claims that the named defendants engaged in individual and collective acts of violence and/or property destruction.

A larger number of cases involved more individualized allegations of violence and property destruction where the named defendant is alleged to have acted in a spontaneous fashion as part of a larger crowd, and without any kind of prior organizational planning by a larger group. These defendants are also charged with felonies, including very serious felonies where they were involved in assaults on law enforcement officers.

The third — and by far the largest — category of cases is what I would call the “tourist protester” cases. These are people who were at the Capitol on January 6 for no purpose other than to express their political views regarding the outcome of the election. But as the events of the day developed, they moved along with the larger crowd and entered the Capitol building at some point

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