Trump Judges Shuts Down Jan 6 Rioter Attempt To Compare ANTIFA To MAGA


As reported by CNN, a pair of “Trump-appointed federal judges have rejected claims from January 6 defendants that they’re being treated unfairly, because of their conservative politics, compared with left-leaning rioters in Portland, Oregon, in the summer of 2020.” Those to do so include Judges Trevor McFadden and Carl Nichols, who were dealing with the cases of Capitol rioters David Lee Judd and Garrett Miller, respectively. Judd had sought to have McFadden examine prosecution records related to incidents of violence associated with those left-wing riots in hopes of bolstering his claims of unfair treatment.

In response, McFadden — while criticizing the Justice Department’s handling of certain matters related to those left-wing-associated riots — commented as follows this week:

‘Although both Portland and January 6 rioters attacked federal buildings, the Portland defendants primarily attacked at night, meaning that they raged against a largely vacant courthouse… In contrast, the January 6 rioters attacked the Capitol in broad daylight. And many entered it… Their actions endangered hundreds of federal officials in the Capitol complex. Members of Congress cowered under chairs while staffers blockaded themselves in offices, fearing physical attacks from the rioters.’

There’s also the difference that attacking a federal courthouse — many of which are scattered across the U.S. — and attacking the U.S. Capitol building have different ramifications from the outset. While both instances obviously constitute criminal acts, going after a courthouse among many similar ones doesn’t constitute a threat to the very functioning of the government in the United States. That orderly functioning, however, is exactly what the rioters on January 6 were trying to stop. Nichols made a similar point, commenting as follows:

‘The Portland rioters’ conduct, while obviously serious, did not target a proceeding prescribed by the Constitution and established to ensure a peaceful transition of power… Nor did the Portland rioters, unlike those who assailed America’s Capitol in 2021, make it past the buildings’ outer defenses.’

These rejections of discrimination claims from Judd and Miller aren’t the only recent losses in court for Capitol rioters. This week, federal Judge Timothy Kelly rejected claims from leaders of the far-right organization known as the Proud Boys that what happened on January 6 could be covered by the First Amendment, and he allowed for the continued usage by prosecutors of felony charges of obstruction of an official proceeding. As Kelly put it, “No matter Defendants’ political motivations or any political message they wished to express, this alleged conduct is simply not protected by the First Amendment.” In all, hundreds of Trump supporters have been charged for their role in the Capitol attack, and the first trials involving actual rioters are approaching.