Often, MTDs for selective prosecution are requests for discovery. For comparison, in a bid to argue that Jan6er David Judd was charged more harshly than Portland rioters, his excellent public defender, Elizabeth Mullin, conceded that she did not yet have proof he was treated worse because he was a Trump supporter, but then asked for six specific things to prove the case.
Mr. Judd does not yet contend the allegations below are sufficient for dismissal of the charges against him. However, they are sufficient for the Court to compel specific discovery regarding disparities in charging decisions. (1) Communication between the Department of Justice ("Main Justice") and the U.S. Attorney's Office for the District of Oregon regarding prosecution of defendants arrested in connection with protests in 2020. (2) Communication between management at the U.S. Attorney's Office for the District of Oregon and line Assistant U.S. Attorneys regarding prosecution of defendants arrested in connection with protests in 2020. (3) Communication between the Department of Justice ("Main Justice") and the U.S. Attorney's Office for the District of Columbia regarding prosecution of defendants arrested in connection with the January 6 demonstrations at the U.S. Capitol. (4) Communication between management at the U.S. Attorney's Office for the District of Columbia and line Assistant U.S. Attorneys regarding prosecution of defendants arrested in connection with the January 6 demonstrations at the U.S. Capitol. (5) Communication between the Department of Justice ("Main Justice") and the U.S. Attorney's Office for the District of Columbia regarding prosecution of the D.C. Fireworks Defendant. (6) Communication between management at the U.S. Attorney's Office for the District of C
#abbe-lowell #hunter-biden #gun-charges #selective-prosecution #separation-of-powers #discovery #department-of-justice #us-attorneys-office #protests #january-6-demonstrations
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