Feds ask for dismissal of criminal case against J6 defendant — so they can do it again the right way

On Monday, federal prosecutors admitted they’d violated the rights of a January 6 defendant and asked a judge to release him from jail and dismiss the criminal charges against him.

They’d failed to provide him with a speedy trial, violating his rights — so they want to try again.

They asked the judge for authorization to refile the charges a second time. They claim that the defendant is facing “the most serious offenses charged in relation to the attack on the Capitol,” apart from the Oath Keeper militia members who are facing seditious conspiracy charges.

Prosecutors admitted that they made a mistake by failing to obtain an indictment or criminal information against Texas resident Lucas Denney within 30 days after his arrest on December 13, 2021, as required by the Speedy Trial Act. 

Denney was charged with assaulting or resisting police, impeding law enforcement during a civil disturbance, and obstructing an official proceeding, among other things, in a criminal complaint.

He was imprisoned for several months until the government obtained an indictment against him on March 7, 2022, two days after his defense counsel filed a formal plea for his release and dismissal of the accusations. 

Denney never made an initial appearance in the United States District Court for the District of Columbia as required during that time, despite repeated fruitless attempts to organize one.

Prosecutors said in their filing, “To be sure, the government failed to comply with the Speedy Trial Act in this case. But there is no evidence of bad faith, a pattern of neglect or something more than an isolated incident that resulted from a number of unfortunate factors.”

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