Twitter and Tesla CEO Elon Musk on Tuesday blasted the Jan. 6 committee in light of newly released surveillance video of the Capitol breach on Jan. 6, 2021.
“Besides misleading the public, they withheld evidence for partisan political reasons that sent people to prison for far more serious crimes than they committed,” Musk wrote on Twitter on Tuesday, referring to the House Select Committee to investigate the Jan. 6 Capitol breach.
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‘Exculpatory Evidence’
Mike Davis, president of the Article III Project, a legal non-profit, told The Epoch Times that he believes the tapes constitute “exculpatory evidence” in the case of Jacob Chansley.
“It shows that he wasn’t a violent threat,” Davis, a former clerk under Supreme Court Justice Neil Gorsuch, said of Chansley.”At best, he should have been charged with trespassing—at best 30 days in jail. 41 months? For what?”
“I think a reasonable juror would think that he thought he could be there when the police are walking him around and not telling him to leave,” Davis added. “Even a ninety-five percent Democrat DC jury would not have found Jacob Chansley guilty if they watched that video.”
Furthermore, Davis was critical of how these tapes were not released to the Jan. 6 protestors’ defense attorneys; instead, the attorneys had to go to the Capitol in Washington to watch the tapes.
“The Supreme Court in 1963 held in Brady v. Maryland that prosecutors must make available exculpatory evidence to defense counsel. The issue here is whether they made this clearly exculpatory tape that we saw on Tucker Carlson last night available to Jacob Chansley and his attorney before [Chansley] pled guilty in August of 2021,” Davis said.
“The bottom line is, no defense attorney can go sit in a room for 41,000 hours during a 40-hour work week,” Davis said. “It would take 20 years.”
This disparity in what was reasonably achievable and the requirements of Brady, Davis said, show that the prosecutions of the protesters are corrupt.
“It shows this whole process was corrupt. It violated Brady, under the U.S. Constitution. Judge Royce Lamberth should issue a show-cause order today to ask, ‘why I should not find a Brady violation against these prosecutors,’ and ‘why I should not reverse the conviction and dismiss the complaint against Jacob Chansley.’”
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