OPINION: This article contains commentary which may reflect the author’s opinion
After a full year of intense negative media ‘show trials’ about the intentions and motivations of the Trump rally participants who were arrested for being inside the US Capitol building on January 6th, 2021- one actual judge presiding over a real legal trial -has ruled that one detainee who entered the area he was in reasonably and believed he had a right to be where he was.
Judge Trevor McFadden, a federal judge, acquitted one defendant on all charges after ruling the man “reasonably believed” he was allowed to enter the building by U.S. Capitol Police Officers during the events in DC on that day, something that goes against everything the Democrat-dominated government messaging has been pumping out for over a year.
“People were streaming by and the officers made no attempt to stop the people,” McFadden, an appointee of President Donald Trump, said.
McFadden “issued the verdict from the bench after hearing two days of testimony without a jury in the case against Matthew Martin,” The Washington Post reported on Thursday about the resident of New Mexico.
“Martin was charged with four misdemeanor counts: entering and remaining in a restricted building, disorderly and disruptive conduct in a restricted building, violent entry and disorderly conduct in a Capitol building, and parading, demonstrating or picketing in a Capitol building,” according to court documents.
Martin, an engineer, testified in his trial and argued that Capitol Police allowed him to enter the building, something that has been echoed by many of the other detainees and participants that day.
According to the Post, Martin “said he ‘went with the flow’ as he approached the Capitol and testified that he saw a police officer wave him into the building.”
“If the cops weren’t letting people in, I would not have gone in,” Martin said during his testimony on Wednesday. Martin described the activity outside of the Capitol on January 6 as a “big block party.”
“It was a magical day in many ways,” Martin said.
US District Judge Trevor McFadden said that although prosecutors argued there were numerous instances when Martin would have been aware that he wasn’t allowed on Capitol grounds or inside the building — as he walked past fences with signs saying “AREA CLOSED” and recorded video of a broken window, blaring alarms, police in riot gear, and people who appeared to have encountered tear gas — those were outweighed by Martin’s “plausible” belief that he had permission because officers didn’t try to stop him from entering.
McFadden said that Martin’s conduct was as “minimal and non-serious” as the judge could imagine for someone who went into the Capitol on Jan. 6. He said that Martin seemed to be a “silent observer” of the scene and didn’t try to crowd the police, protest, or wave the “Trump” flag that he was carrying.
Martin also told the court that at the time, he did not think the riot was violent and only later found out that people had died.
In the end, the video evidence showed that Martin was telling the truth and was only in the Capitol building for roughly 10 minutes on that day.
The judge said that Martin appeared “quiet” and “orderly” as he walked inside the building, filmed video inside the Rotunda similar to how the media would behave, and didn’t appear to interfere with officers as he filmed a clash with rioters later in the afternoon on a north terrace of the building.
More than 770 people have been charged with riot-related federal crimes. Over 240 of them have pleaded guilty, mostly to misdemeanors, and over 140 of them have been sentenced.
McFadden’s acquittal is the first time a Jan. 6 defendant argued that police allowed them to enter the Capitol, or that they believed they had permission because no officer told them to stop, bringing good news to many of the other defendants- who believe similarly to Martin.
“Martin, who worked for a government contractor before his arrest following the riot, successfully argued that a US Capitol Police officer waved him into the building.
At least one video played during the trial appeared to show an officer moving his arm in a waving motion,” CNN reported.
“The acquittal is a major milestone in the massive January 6 investigation, as hundreds of people face the same misdemeanors as Martin.
Dozens of rioters have alleged that they were allowed into the Capitol by police officers and that they did not know entering the building was illegal.
The not-guilty verdict is likely to embolden more alleged rioters to head to trial with similar claims,” CNN claimed
McFadden has emerged as one of the most skeptical federal judges of the Justice Department’s actions against the January 6th defendants.
In March, McFadden questioned whether the Justice Department had enough evidence to prove that defendant Cuoy Griffin had knowingly broken the law.
More than 530 criminal cases related to January 6 are still pending.
Source: The Republic Brief