Hans Blaster
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Once the officer in authority waved attendees into the capitol, it's my opinion the crime of trespass was removed, and it appears the federal judge below saw things the same way
This video clip is in perfect agreement with the Capitol Police Chiefs statement, regarding disciplinary actions taken against officers
CNN
Man who said January 6 was ‘magical’ acquitted in US Capitol riot case
By Andrew Millman and Casey Gannon, CNN
Published 3:59 PM EDT, Wed April 6, 2022
CNN —
A federal judge on Wednesday found Matthew Martin not guilty of four federal misdemeanors related to trespassing – marking the first time a US Capitol riot defendant was acquitted of all charges.
You're getting this wrong. What the judge rules is that the prosecution couldn't demonstrate that the defendant knowingly entered a restricted space , that the defendant could reasonably think that because his path up the Capitol steps was not blocked by officers that it was permitted to pass. See page 68 of this transcript of the Judge's ruling:
The judgement starts on page 63:The defendant claims he thought the officer waved him in.
I'm not convinced by that. I think the government may be right, that this is a post hoc gloss on the evidence. But I do think the defendant reasonably believed the officer allowed him into the Capitol, both because the officers had not attempted to stop all the other protesters who had entered before him and because Officer Carrion apparently deliberately and specifically stepped back, allowing the defendant to pass.
https://storage.courtlistener.com/recap/gov.uscourts.dcd.232204/gov.uscourts.dcd.232204.43.0.pdf
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