On Friday, The Epoch Times reported that Bill Shipley, the lawyer representing Jan. 6 defendant Jacob Chansley, has started the process of requesting the court to vacate Chansley’s jail sentence.
The article reports:
Shipley said he intends to file a vacate-conviction motion pursuant to 28 U.S. Code § 2255 (remedies on motion attacking sentence) next week, pending government response to a letter he sent to the DOJ on Friday requesting information about Chansley’s case. That provision in the law states that a “prisoner in custody under sentence of a court established by Act of Congress claiming the right to be released upon the ground that the sentence was imposed in violation of the Constitution or laws of the United States.”
On Friday, Shipley sent a letter to Assistant U.S. Attorney Kimberly Paschall to ask about the factual basis of the government’s representation of Chansley’s case in a separate lawsuit. He said he’s “prepping the battlefield” for a prospective filing to request the court to vacate Chansley’s conviction.
…“The newly aired CCTV videos appear to be materially exculpatory to Mr. Chansley on the question of guilt, as well as with respect to potential mitigation of sentencing. As such, the [Government] was obligated to produce them to the defense pursuant to the Due Process clause of the Fifth Amendment as interpreted by the Supreme Court in Brady v. Maryland,” Shipley’s letter reads. He cited Brady v. Maryland, a 1963 case in which the Supreme Court held that prosecutors must make available to the defense counsel exculpatory evidence.
“Production is also mandated by Justice Manual Section 9-5.001 and DC R.C.P. 3.8,” he noted, citing legal guidance for prosecutors on issues related to discovery.
In the letter, Shipley noted that Chansley and his former attorney, Albert Watkins, both did not see the tapes aired on Fox featuring Chansley prior to their broadcast on Fox.
Hopefully, this will be a first strike against the politicization of our justice system. The January 6th prisoners have been consistently denied their constitutional rights. All of their cases should be dismissed.