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September 3, 2023

It is undeniable that the judiciary and juries in the federal courts in the District of Columbia are almost uniformly left-wing partisans, a key part of the post-constitutional era brought into being by former president Obama. I do not know how or whether this can be rectified, although I expect a resounding victory for Republicans in 2024 followed by a congressional reshaping of the jurisdiction of these courts and their staffing may be the only solution. If you are unaware of the seriousness of this, it’s because the press has almost uniformly failed to cover this fairly, and, indeed, has been full participants in the multiple hoaxes which provide cover for these juridical travesties. The local bar, sadly, seems to okay with this. While big firms rushed to defend Gitmo detainees, I am unaware of a single firm volunteering to help the almost 600 defendants rounded up by the Assistant U.S. Attorney for the District, Matthew Graves. Nor am I aware of a single local practitioner who has raised an alarm that due process is unavailable in the District for Republicans.

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Judge Tanya Chutkan

When Donald Trump was inaugurated, the city erupted in flames, store windows were smashed, cars were hammered, and protestors attempted to tear down the fence around the White House. When George Floyd, a man with serious health problems, a long criminal record, and a history of drug abuse, died in custody, Black Lives Matter protests roiled cities with massive destructive protests. In D.C., without authorization, on her own, the mayor painted a major thoroughfare with a giant “Black Lives Matter” message.

One District Judge was offended by the disparate treatment given these rioters and the draconian measures against the J6 protestors, almost all of whom had only engaged in peacefully seeking contested election results be sent back to the respective states for investigation before the results were certified. 

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Judge Tanya Chutkan pointedly rejected her own colleague’s comparison between the Jan. 6 mob and the rioters who exploited the Black Lives Matter demonstrations last year.

“Some have compared what took place on Jan. 6 with other protests that took place throughout the country through the past year and have suggested that the Capitol rioters are being treated unfairly,” Chutkan said during a sentencing hearing. “I flatly disagree.”

Although she didn’t mention any names, it seemed unmistakable that Chutkan was responding — nearly point by point — to the analysis of Judge Trevor McFadden, who serves alongside her on the U.S. District Court in Washington, D.C., where more than 600 defendants are facing charges for their roles in the Capitol attack.

On Friday, McFadden said federal prosecutors had undercut themselves on Jan. 6 prosecutions by doing little to impose legal consequences for those who rioted during the racial-justice protests last year.

“I think the U.S. attorney would have more credibility if it was even-handed in its concern about riots and mobs in this city,” he said during another sentencing hearing, according to The Associated Press. 

Judge Chutkan has handled a number of the J6 cases, and her prejudice shows.