This Is How Long a Jan. 6 Defendant Has Been Detained With No Indictment

We have a person detained for nearly 90 days without an indictment. Why? Well, this person was around the Capitol Building during the January 6 riot. Leslie McAdoo Gordon of Redstate, who served as a special agent for the Department of Defense Investigative Service and is now an attorney, detailed this sordid tale of prosecutorial misconduct. Being an attorney who has gone through the motions involving cases at the federal level, Gordon details how the government botched this arrest and detention from the beginning starting with the fact that there was no preliminary hearing. It’s a lengthy post but a step-by-step recount of how this man has been detained illegally without trial or charge:

You don’t see this very often in federal court, but one of the January 6 (J6) Defendants, Lucas Denney, is being held illegally. He was arrested in Texas on December 13, 2021, and brought before a federal magistrate, who ordered him detained without bond on a criminal Complaint. It then took six weeks to transfer him to DC, where he is currently being held. He has not appeared before a federal judge in DC since his arrival, although that will change Monday afternoon as a result of his lawyer seeking his release.

Denney’s case involves two distinct, major screwups. The first is that he was not afforded a Preliminary Hearing, to which he is entitled under the Federal Rules of Criminal Procedure and the Constitution. The second is that he has not been indicted by a grand jury within 30 days of his arrest, as required by the federal Speedy Trial Act. Consequently, Denney’s detention has been unlawful since at least late January 2022.

The Department of Justice (DOJ) alleges that Denney participated in the riot on January 6, 2021, in Washington D.C. at the United States Capitol. It charged Denney with five felonies: assaults, civil disorder, and obstructions of an official proceeding, and with seven trespassing misdemeanors. An arrest warrant was issued for him in December 2021 based on a criminal Complaint sworn out by a law enforcement officer, not on an indictment returned by a grand jury.

(Read more from “This Is How Long a Jan. 6 Defendant Has Been Detained With No Indictment” HERE)

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