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The Lawfare Podcast
Lawfare Daily: Legal Threats to the Jan. 6 Convictions with Kyle Cheney
Oct 7, 2024
Kyle Cheney, Senior Legal Affairs Reporter for Politico, unpacks the intricate legal challenges surrounding the January 6th prosecutions. He delves into a major ruling deeming geofencing warrants unconstitutional and its potential impact on ongoing cases. The discussion also highlights the implications of former President Trump's promise to pardon convicted rioters if he returns to office. Cheney's insights illuminate the evolving legal landscape and the serious ramifications for the Justice Department's handling of these politically charged cases.
26:38
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Quick takeaways
- The legal challenges related to the misdemeanor trespassing charge may undermine the Justice Department's ability to prosecute many January 6 defendants.
- Recent court rulings questioning geofence warrants raise significant concerns about the future legality of evidence-gathering methods used in these cases.
Deep dives
Legal Challenges to January 6th Charges
Challenges are emerging against the charges stemming from the January 6th Capitol riot, complicating the Justice Department's efforts for accountability. A significant legal hurdle pertains to the trespassing charge related to entering and remaining in the Capitol, which historically has been a foundational charge in nearly all the cases. Courts are now questioning whether defendants must have knowledge of the presence of Secret Service protectees, like Mike Pence, to be convicted, potentially undermining numerous existing cases. This shift in judicial interpretation raises concerns about the robustness of the legal foundation upon which the prosecutions are built.
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