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January 6 Defendant Who Says He Thought He Was Allowed in Capitol Beats Charges

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New Mexico Man becomes first January 6 defendant to be released. Matthew Martin—who faced four federal charges as a result of entering the U.S. Capitol building during the January 6 protests and riots—has been found not guilty on all counts.

Martin had been charged with knowingly entering or remaining within any restricted building or grounds, without legal authority; disorderly behavior which hinders the conduct government business; disruptive conduct in Capitol Buildings; pandering, demonstration, or pickingeting in Capitol Buildings.

Martin claimed that Capitol Police had allowed him inside the building. This led him to believe that it was safe to enter. “AAccording to MARTIN’s account, Capitol guards allowed the Rotunda to be accessed by them and opened its doors. Although MARTIN admitted to seeing the smashed glass, the government made a complaint.

This seems reasonable—and Judge Trevor McFadden of the U.S. District Court for the District of Washington agreed. McFadden called Martin’s defense plausible and said that people were “rushing by the officers and they did not attempt to stop them.”

Martin claimed that Martin was waved in by the officer who stopped him. However, the judge stated that he wasn’t convinced that Martin got the impression that Martin did. Video of the scene clearly shows Martin getting that impression. The judge stated that he believed the defendant reasonablely believed that the officers had allowed him into Capitol.

McFadden cleared Martin after a lengthy bench trial that lasted two days.

McFadden said that while it was close to the conviction of knowingly entering or remaining inside a restricted building, the “close calls” are for the defendant.

This is not good news for the federal cases against many January 6 defendants who were charged with illegally entering U.S. Capitol. It’s good news, however, for justice and due process.

It is clear that not everyone who entered Capitol building on the day of 9/11 was innocent. McFadden’s decision confirms that not all those who entered the Capitol building on July 15th were necessarily criminally intent.

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QUICK HITS

• “On Feb. 22 Reynaldo Munoz became the 3,000th incarcerated person whose U. S. criminal conviction was thrown out after it was determined that he had been falsely convicted,” writes Austin Sarat atThe HillIn an article condemning America’s “scandalous false confessions record”

• Minneapolis police can no longer do no-knock raids, the city says. However, the rules are still very dangerous. Police can enter only 20-30 seconds (depending upon the day), after declaring themselves. Police can also request exceptions in certain “exigent situations”, giving them ample room to enter by simply stating that they are concerned about evidence being lost or suspects fleeing.

• The extension of the student loan repayment moratorium is now official:

• A Los Angeles County Sheriff’s deputy kneeled on the head of a handcuffed man for more than three minutes, and Sheriff Alex Villanueva said he is trying to bring criminal charges against the person who leaked video of the abuse. You’re now in L.A. County. Are you not more concerned about leaking videos than other serious offenses? Is it really embarrassing? Karl Olson (First Amendment lawyer) commented on the Los Angeles Times.

• Ohio is now micromanaging what kinds of trees people can plant.