The Post is out with an “exclusive” headlined Justice Department, FBI debate not charging some of the Capitol rioters. Here’s the meat of the piece:
Due to the wide variety of behavior, some federal officials have argued internally that those people who are known only to have committed unlawful entry — and were not engaged in violent, threatening or destructive behavior — should not be charged, according to people familiar with the discussions.
“Some officials” – is there any better example of why anonymous sourcing shouldn’t be used for pieces like this? And there’s this:
Nevertheless, these people said, some in federal law enforcement are concerned that charging people solely with unlawful entry, when they are not known to have committed any other bad acts, could lead to losses if they go to trial.
“If an old man says all he did was walk in and no one tried to stop him, and he walked out and no one tried to stop him, and that’s all we know about what he did, that’s a case we may not win,” one official said.
Because, as we all know, an old white man just can’t commit a crime!
Under the headline, they also quote some criminal defense lawyers who say that if Trump ordered the insurrection, that might be a defense. Oh, and another anonymous source wonders if there are enough resources in the DC Circuit to try all these people.
This whole thing is a reeking pantsload of minor concerns when they’re judged against prosecuting people who took part in an armed insurrection with the aim of overthrowing a legally elected government. That said, expect more of this shit. The desire to keep these “good white people gone astray” from experiencing the same consequences that your average black man or woman would be expected to receive is a strong one, and unfortunately some anonymous sources in the Justice Department are sympathetic to the insurrectionist cause.