Court ORDERS prompts release of accused Capitol protestors

The Jan. 6 unrest at the U.S. Capitol has given rise to all manner of political opportunism and prosecutorial overreach in a transparent attempt to paint conservatives as prone to violent insurgency at a moment’s notice. However, a recent appeals court decision has moved the needle, albeit only slightly, toward justice for two of those accused of committing crimes that fateful day.

According to the Washington Examiner, a three-judge appeals court panel caused a lower court judge to reverse a ruling that kept the so-called “zip tie guy” from the Capitol protests – together with his mother – in custody until trial, finding that the Justice Department (DOJ) failed to demonstrate that they posed a serious risk to the community at large.

The defendants in question, Eric Munchel and Lisa Eisenhart, were arrested in January for allegedly making their way into the Capitol building, with Muchel sporting tactical gear and toting large zip ties which he had found and seized to prevent their use by miscreants (thus the aforementioned media-given moniker). The mother-and-son duo are currently facing charges of unlawful entry, civil disorder, violent entry, and conspiracy as a result, the Examiner noted.

From the start, DOJ prosecutors requested that the two be kept in custody in advance of trial, but in January, a magistrate judge in Tennessee ordered that they be given conditions of home detention instead.

Subsequently, the release orders were stayed, and U.S. District Court Judge Royce Lambert ordered their return to detention, finding that they represented a threat to the community as well as to the republic itself, opining that Munchel’s conduct “indicate[d] that he is willing to use force to promote his political ends.”

This ruling was rejected late last month, and the lower court was ordered to reconsider the merits of the arguments from each side. Barack Obama nominee Judge Robert Wilkins authored the appeals court opinion, saying:

It cannot be gainsaid that the violent breach of the Capitol on January 6 was a grave danger to our democracy, and that those who participated could rightly be subject to detention to safeguard the community.

But we have a grave constitutional obligation to ensure that the facts and circumstances of each case warrant this exceptional treatment.

The opinion took pains to note that Munchel and Eisenhart did not participate in any assaults on Jan. 6, did not enter the Capitol facilities by force, and did not engage in vandalism of any sort, and these were all factors that go against the premises that they pose an ongoing threat to the community. The panel went on to add:

In our view, those who actually assaulted police officers and broke through windows, doors and barricades, and those who aided, conspired with, planned or coordinated such actions, are in a different category of dangerousness than those who cheered on the violence or entered the Capitol after others cleared the way.

In response to the appeals court order to reconsider, Judge Lamberth of the lower court ordered the pair released once prosecutors abandoned their efforts to keep them incarcerated until trial, according to News Channel 5 in Nashville.

Lambeth’s new order puts back into effect the original release conditions outlined by the Nashville magistrate, which require home detention as well as electronic monitoring, terms with which the courts have little reason to believe Munchel and Eisenhart will not fully comply.

 
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  12. Well, considering that NONE of them were armed, what could they have done? NONE of those people went there with the plan of an insurrection; if they had been planning something like that, don’t you think they would have been armed? The person who started breaking windows was an antifa member…that much has been proved.

  13. I’ve never known about a gestapo force caring about actual laws. They need prosecuted for the illegal arrest.

  14. I totally agree. We are a country of laws. But everyone,EVERYONE, needs to be treated equally. The riots who destroyed, mamed and even killed during looting need to be held accountable for their unlawful riots.

  15. They’re all ready talking that Trump supporters should be sent to reeducation camps. Kinda sounds like the CCP is alive and well in our government.
    China Joe is leading the way to full blown Communism. Problem is Creepy old Joe doesn’t even know where he is or what he’s doing! This is Bathouse Barry’s agenda!

  16. What is happening to the officer that killed the helpless woman. The officer gave no warning and he was not in any danger. He hid, aimed and fired. When is his trial stating and what is he charged for.

  17. Can you say nazi gestapo democrats……
    Sig Hiel…….sig Hiel……democrat Furher Biden will do anything to destroy republicans, whites, patriots to the real constitution……
    Wake up people the nazi dems are at war……
    We are in the way.
    Remember killary!!!! She was the beginnining
    Remember Lenin, Stalin and Hitler…..

    Welcome to Biden concentration camp
    Sig Hiel

  18. It was and still is total political dumbocrap/libby BULLSHEETS! Liberal/dumbocraps are quickly reaching the point where AMERICAN AND TRUE AMERICANS WILL STEP UP AND REMEDY THIS STUPIDITY OF POLITICAL OVERREACH BY THE FEDERAL GOVERNMENT OF DUMBOCRAPS.

  19. This whole situation is ludicrous. And trust me THE PEOPLE are Already tired of it. To prosecute people because they disagreed with the outcome of a fraudulent election is beyond ludicrous. There are persons still today being allowed to get away with literally murder and criminal occupation of an American city make that two cities and absolutely nothing is being done about that. Every looter, rioter, every incident of vandalism etc is being ignored while the innocent people who own the property being vandalized or being threatened, beaten and terrorized and are trying to protect themselves are being arrested and jailed. The victims being punished by the democrats for not wanting to continue to submit to being victimized. And this will continue people until you bow down and worship at their altar and give them the full power and control over yourself and this country, unless you grow a backbone and stop it. And that is not the responsibility of just one person but of a UNITED country and people.

  20. Well forget equal justice it’s alright to burn loot and beat police or anyone else you disagree with hay the so called Vice President wii raise money to get you out of jail but you go into the capital they want to give twenty years and the capital belongs to the people when will the people get tired of this!

  21. Why any of those people were considered dangerous is not clear – they certainly didn’t wreck any buildings, set any fires, try to burn the police alive, or shoot or kill anyone. One of them was shot and killed but the democrats will not reveal who shot her. Why were all of the real rioters, destructors, arsonists and killers, in democrat cities all summer, not jailed and kept there but bailed out by Biden, Kamal and friends – I don’t think even one has a court date – where is justice in America? Oh, right, it went out the window with the democrats

  22. I agree with Ken, what we have is failure to communicate! Antifa and BLM can destroy buildings, loot, and kill people but that is okay according to Dummycrats and the law!!!

    1. Equal justice is no longer a freedom in America. Do you see how the innocent are punished and the guilty are allowed to run free committing one crime after another? Been going on for years now. When they get the guns the prisons will be full of innocent people, at least the survivors.

  23. I want to see EQUAL justice. ALL the protestors in the whole country who resorted to violence, looting, burning and destruction, need to stand trial and be punished, ALL of them, not just the Capitol rioters.

    1. There have been no consequences dished out to those who were in attendance at any of the WILD DESTRUCTIVE and CRIMINAL PROTESTS/RIOTS/LOOTING of entire city blocks during the BLM and antifa UPRISINGS of the past months SO UNTIL there is EVIDENSE that ALL instances are dealt with equally by the law, there can be no consequences for ANY !

      1. How about the BLM and Antifa whom are still burning down Portland and Seattle, and created havoc everywhere they go

        1. these punks need to be prosecuted to the full extent I am worried about democrat leaders, they are the ones causing the violence

    2. I totally agree. We are a country of laws. But everyone,EVERYONE, needs to be treated equally. The riots who destroyed, mamed and even killed during looting need to be held accountable for their unlawful riots.

      1. those who protect this rabble need to be punished / if you killed death /must/rest should be in prison

    3. I agree with you 100%, let’s not forget about BLM and antifa burning down cities, destroying personal properties, businesses, murdering innocent people, murdering Police Officers, where’s the arrests for these Terrorists?

    4. How about the BLM and Antifa whom are still burning down Portland and Seattle, and created havoc everywhere they go

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