8-5-25

January 6 th …….A day that will live in infamy but NOT for the reasons that the left

so desperately wanted it to be……it was just the opposite…it was a day when

justice became a political weapon……Democrats measured the events at the US

Capitol on January 6 th , 2021 on a scale next to December 7 th , 1941 when Pearl

Harbor was attacked….or on September 11 th , 2001 when Al Qaeda launched

terrorist attacks on the nation……their rhetoric was shocking …..galling…..

nauseating really…..listen, as an attorney I know that sometimes the law is in your

favor, sometimes the facts are in your favor, and sometimes its both….when it

comes to Jan 6 history will record that the left had neither the facts nor the

law….all they had was rhetoric

Some years back I participated in a legal case from start to finish……it was a case

in which one individual had been wrongfully terminated by employers who had

made certain promises……but when it all came down to it those employers chose

to axe the employee rather than have to keep their original promises…..the case

turned on a number of legal theories……there was the legal theory of at-will

employment versus contract, there was the legal premise of taking adverse action

against someone because of their military service…….there was also the question

of whether or not the promises made had induced the former employee to forego

other options in his life and whether that meant fraud……it was a legal case…..but

more than that, it was a case involving actual betrayal…..it was a case in which

hopes were lifted and dashed, and in which friendships were ruined ….eventually

the employee in that case who had been fired was able to prevail…..a simple

mediation resulted in him receiving some things due to him by agreement

without having to pursue the matter all the way to a jury…….so, what did it? Was

it the overwhelming evidence that lent to the validity of the claims made? Was it

that the lawyers had such amazing reputations for courtroom prowess? Could it

be that the Judge was known to favor employment law victims?......the answer is

“no” to all of the above….. the real thing that drove that case to a successful

conclusion was …….wait for it…….”shame”……You heard me right. The real

crushing blow to the defense was the realization that while they might be able to

argue their positions legally that they could not do away with the claims made

against them in the purely social sense…..they knew that they themselves, and

their business, and their good name, would have to stand in front of a jury of their

peers and try to explain with a straight face why they felt that they could get

away with their actions……why, even though they might have had some inkling of

legal authority in their favor, that they could just ignore the fact that everyone

would see that they had lied………shame did it. Shame brought them to their

senses……or at the very least, shame made them question their ability to get away

with it…You see, there is a lot to be said for allowing a little sunlight to not only

expose a stain but to also wash it out……..bringing those matters out of the

shadows and laying them bare in the hard light of day …..and in March of 2023, 2

years after the fact, we finally saw actually sunlight washing over the story that

had been thrust on the American public for the last 2 years……that’s when Tucker

Carlson aired video that had been withheld from public view, even withheld from

defense attorneys for the Jan 6 accused defendants……and the public got to see

that while there were things that never should have happened that there was also

much that had been misconstrued……facts! Facts matter……

But then there’s the law…..we were told over and over that the law was the

law….this was an “Insurrection!”……1500 people were hunted down and arrested

for crimes against the nation….it was a clear attempt, they said, to overthrow the

government of the United States…..

But as a practicing Attorney I know that I am not allowed to get away with the

shenanigans that I see in pundit world every day….every. single. Day…..were I to

try and reframe an issue in the presence of the Judge and Jury to be something

that it’s not I would be subject to my opponent filing a motion to strike, a motion

to dismiss, or even a motion for sanctions….. so let me lawyer this for a bit

here…..imagine that we are in Court….and you Rightside Ruffians are the jury……it

is my goal to allow the evidence to be fully shown…..but to do so within the

confines of the rules of procedure, the rules of evidence, and the rule of law…….

The law is the law and one cannot be convicted of something that does not

exist….on January 6 th there may have been what the law would refer to as the

lesser charges….crimes such as civil disorder, disorderly conduct, entering and

remaining in a restricted building, destruction of government property,

obstruction of federal proceedings……all of those are considered lesser included

offenses…..and they are governed under 18 USC 371 as crimes against the United

States……but charges of insurrection would have to be construed under the

dictates 18 USC 2383….. insurrection is in and of itself a separate term carrying

separate and distinct import in the eyes of the law……was there an armed revolt,

well planned and coordinated, with intent to overthrow our constitutional form of

government and replace it with another? And the answer is “No” ……it may or

may not to surprise to find that of the thousands of people who were present at

the Capitol that day none were ever charged with insurrection……and only 2 were

charged with seditious conspiracy…….the vast majority had their lives upended

for a newly construed interpretation of 18 USC 1512 which prohibits “obstructing

a legal proceeding”…..but in June of 2024 the Supreme Court of the United States

ruled in the landmark case of Fischer v. United States that the Biden Department

of Justice had incorrectly applied that statute and suddenly hundreds of Jan 6

charges and convictions were reduced or dismissed…..it was prosecutorial

abuse…..In February 2025 Donald Trump issued pardons for the Jan 6 defendants

and the matter finally came to rest…….but not before Joe Biden had issued a

blanket preemptive pardon for members of the January 6 witchhunt

committee…..you have to wonder why Liz Cheney and Adam Kinzinger felt they

needed a pardon……maybe because for three years they withheld evidence and

allowed the nation to be browbeaten with a narrative that did not match the

actual facts nor the law…..

And there my friends lies the rub…..any one of the knuckleheads that believes

they can espouse an opinion on this matter that still chooses to use the word

insurrection should not be trusted…..not for a second. Because they are nothing

but feckless word-benders who have literally made the choice to abrogate the

truth in favor of a sensational catch-phrase…and most of the time the world calls

that a lie……it’s either that, or their just stupid. Take your pick……but in any event

it still disables their credibility…….

You see words matter……I don’t believe that the violent events of January 6 th were

worthy of support…..there never should have been people pushing and shoving

law enforcement officers…..there never should have been broken windows in the

nations Capitol…..people shouldn’t be climbing on walls and bum rushing their

way into the offices of members of Congress…..I don’t support that…..I also don’t

support the Antifa attacks on the Federal Courthouse over and over again in

Portland, or the burning of businesses by BLM rioters in the so-called “largely

peaceful demonstrations” of 2020…….great frustration and freedom of speech

should never be allowed to combine into destruction of life, limb and

property…….

But the aftermath of Jan 6 investigations, arrests, detentions, charges and

convictions did not match the events of the day for the vast majority who had

their lives ruined…..over 1500 people were hunted down across the

nation…..many of whom were just present…..four of whom committed suicide

because of the threat of jail…..people lost their jobs, lost their families, lost their

freedoms……this should never happen again…..ever….the events should never

happen….and certainly the weaponization of government……politicians and

pundits should never be allowed to skew events into something they were

not…….January 6 th was a demonstration that advanced into a riot by some……a

protest that went places it never should have gone….it was not an

insurrection….and it should not have been a political football for a party that has

no policies and no successes to stand on…….

You see…..here’s the thing…..we are a nation of laws…..and the laws matter

And that’s a wrap for the Rightside Way!