{"id":49689,"date":"2023-03-18T12:30:47","date_gmt":"2023-03-18T16:30:47","guid":{"rendered":"https:\/\/www.rightwinggranny.com\/?p=49689"},"modified":"2023-03-18T12:30:48","modified_gmt":"2023-03-18T16:30:48","slug":"the-proper-response","status":"publish","type":"post","link":"https:\/\/www.rightwinggranny.com\/?p=49689","title":{"rendered":"The Proper Response"},"content":{"rendered":"

On Friday, The Epoch Times<\/a> reported that Bill Shipley, the lawyer representing Jan. 6 defendant Jacob Chansley, has started the process of requesting the court to vacate Chansley\u2019s jail sentence.<\/p>\n

The article reports:<\/p>\n

Shipley said he intends to file a vacate-conviction motion pursuant to 28 U.S. Code \u00a7 2255<\/a> (remedies on motion attacking sentence) next week, pending government response to a letter he sent to the DOJ on Friday requesting information about Chansley\u2019s case. That provision in the law states that a\u00a0\u201cprisoner 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.\u201d<\/strong><\/p>\n

On Friday, Shipley sent a letter<\/a> to Assistant U.S. Attorney Kimberly Paschall to ask about the factual basis of the government\u2019s representation of Chansley\u2019s case in a separate lawsuit. He said he\u2019s \u201cprepping the battlefield\u201d for a prospective filing to request the court to vacate Chansley\u2019s conviction.<\/strong><\/p>\n

…\u201cThe 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,\u201d Shipley\u2019s letter reads. He cited Brady v. Maryland<\/a>, a 1963 case in which the Supreme Court held that prosecutors must make available to the defense counsel exculpatory evidence.<\/strong><\/p>\n

\u201cProduction is also mandated by Justice\u00a0Manual Section 9-5.001 and DC R.C.P. 3.8,\u201d he noted, citing legal guidance<\/a> for prosecutors on issues related to discovery.<\/strong><\/p>\n

In the letter, Shipley noted that\u00a0Chansley and his former attorney, Albert Watkins, both did not see the tapes aired on Fox featuring Chansley prior to their broadcast on Fox.<\/strong><\/p>\n

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.<\/p>\n","protected":false},"excerpt":{"rendered":"

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\u2019s jail sentence. The article reports: Shipley said he intends to file a … Continue reading →<\/span><\/a><\/p>\n","protected":false},"author":3,"featured_media":0,"comment_status":"open","ping_status":"open","sticky":false,"template":"","format":"standard","meta":{"footnotes":""},"categories":[1],"tags":[11938,13347,16369],"class_list":["post-49689","post","type-post","status-publish","format-standard","hentry","category-uncategorized","tag-exculpatory-evidence","tag-january-6th","tag-the-epoch-times-jacob-chansley"],"_links":{"self":[{"href":"https:\/\/www.rightwinggranny.com\/index.php?rest_route=\/wp\/v2\/posts\/49689","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/www.rightwinggranny.com\/index.php?rest_route=\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/www.rightwinggranny.com\/index.php?rest_route=\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/www.rightwinggranny.com\/index.php?rest_route=\/wp\/v2\/users\/3"}],"replies":[{"embeddable":true,"href":"https:\/\/www.rightwinggranny.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcomments&post=49689"}],"version-history":[{"count":1,"href":"https:\/\/www.rightwinggranny.com\/index.php?rest_route=\/wp\/v2\/posts\/49689\/revisions"}],"predecessor-version":[{"id":49690,"href":"https:\/\/www.rightwinggranny.com\/index.php?rest_route=\/wp\/v2\/posts\/49689\/revisions\/49690"}],"wp:attachment":[{"href":"https:\/\/www.rightwinggranny.com\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=49689"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/www.rightwinggranny.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=49689"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/www.rightwinggranny.com\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=49689"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}