Judge refuses to dismiss alleged Proud Boys leaders' charges

A national justice connected Tuesday refused to disregard an indictment charging 4 alleged leaders of the far-right Proud Boys with conspiring to onslaught the U.S. Capitol to halt Congress from certifying President Joe Biden's electoral victory.

U.S. District Judge Timothy Kelly rejected defence attorneys' arguments that the 4 men — Ethan Nordean, Joseph Biggs, Zachary Rehl and Charles Donohoe — are charged with behaviour that is protected by the First Amendment close to escaped speech.

Kelly said the defendants had galore nonviolent ways to explicit their opinions astir the 2020 statesmanlike election.

“Defendants are not, arsenic they argue, charged with thing similar burning flags, wearing achromatic armbands, oregon participating successful specified sit-ins oregon protests," Kelly wrote successful his 43-page ruling. “Moreover, adjacent if the charged behaviour had immoderate expressive aspect, it mislaid immoderate First Amendment extortion it whitethorn person had."

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Nordean, Biggs, Rehl and Donohoe were indicted successful March connected charges including conspiracy and obstructing an authoritative proceeding. All 4 of them stay jailed portion they await a proceedings scheduled for May.

Defense lawyers besides argued that the obstruction complaint doesn't use to their clients' cases due to the fact that Congress’ certification of the Electoral College ballot was not an “official proceeding." Kelly disagreed.

Earlier this month, different justice successful the District of Columbia's national tribunal upheld prosecutors’ usage of the aforesaid obstruction complaint successful a abstracted lawsuit against 2 riot defendants.

The lawsuit against Nordean, Biggs, Rehl and Donohoe is simply a absorption of the Justice Department's sprawling probe of the Jan. 6 insurrection. More than 3 twelve radical charged successful the Capitol siege person been identified by national authorities arsenic Proud Boys leaders, members oregon associates, including astatine slightest 16 defendants charged with conspiracy.

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Last Wednesday, a New York antheral pleaded blameworthy to storming the U.S. Capitol with chap Proud Boys members. Matthew Greene is the first Proud Boys subordinate to publically plead guilty to conspiring with different members to halt Congress from certifying the Electoral College vote. He agreed to cooperate with authorities.

Other extremist radical members person been charged with conspiring to transportation retired coordinated attacks connected the Capitol, including much than 20 radical linked to the antigovernment Oath Keepers.

Nordean, of Auburn, Washington, was a Proud Boys section president and subordinate of the group’s nationalist “Elders Council.” Biggs, of Ormond Beach, Florida, is simply a self-described Proud Boys organizer. Rehl was president of the Proud Boys section successful Philadelphia. Donohoe, of Kernersville, North Carolina, besides served arsenic president of his section chapter, according to the indictment.

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Lawyers for Nordean and Donohoe declined to remark connected Tuesday's ruling. Attorneys for Rehl and Biggs didn't instantly respond to emails seeking comment.

On the greeting of Jan. 6, Proud Boys members met astatine the Washington Monument and marched to the Capitol earlier President Donald Trump finished addressing thousands of supporters adjacent the White House.

Just earlier Congress convened a associated league to certify the predetermination results, a radical of Proud Boys followed a assemblage of radical who breached barriers astatine a pedestrian entranceway to the Capitol grounds, the indictment says. Several Proud Boys besides entered the Capitol gathering itself aft the mob smashed windows and forced unfastened doors.

More than 700 radical person been charged with national crimes related to the Capitol riot. At slightest 165 of them person pleaded guilty, mostly to misdemeanor offenses punishable by a maximum of six months' imprisonment.

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