Failure to disclose exculpatory information is not always bad faith and its likely not bad faith here

Oath Keepers Indictments were returned over a period of time over substantial exculpatory information that, on first blush, seems to be wholly incompatible with the fair assessment of how the evidence played out. Here is the recent disclosure: These FBI 302’s were released just last week.

I am certain the Government team has a legitimate explanation and while I expressed my dissatisfaction enthusiastically, and I want to make this clear, we specifically did not allege in our filings bad faith or prosecutorial misconduct and I do not allege it here. Nor would I allege it based on any evidence that I have seen. I assume my esteemed colleagues are performing their duties in good faith.

As FormerFedsGroup.Com stated:

This is not the first time that the Government and charged defendants have hotly contested issues and it won't be the last.  But for anyone who thinks our system of government or our legal system is no longer capable of sorting through contentious issues, that there is today something magic or unique about issues confronting the Nation that makes the architectural design of our Constitutional Republic outdated or obsolescent, we would submit that you are wrong.  We would counsel anyone to continue exercising patience and continue to have faith in the system.  Our system is without peer.  It remains strong and it is in the process of reforming and restoring itself, much of this occurring inside government agencies by well-intentioned government servants.  There remains no better system of government on Earth and, while being a harsh critic of its performance in recent times, one needs to balance that with its inspired and enlightened defense.  

So, pardon us while the Government and our law firm slugs it out over issues that impact us all involving Liberty, Constitutional Protections and medical experimentation without informed consent.   

In large, complex matters where there are so many moving parts, things happen, Mistakes can be made or there can be other considerations that cut against making a disclosure. Setting aside the issue of timing, I would commend the government team for not only disclosing this exculpatory information, but when it has disclosed such exculpatory information here and in the past, it has gone the extra step of directing all who received the disclosures, to the most relevant part of the disclosures to ensure it wasn’t missed. This is consistent with the highest prosecutorial standards and is what I normally have come to expect from the Department of Justice. In my direct interactions with the Government team, they have always been cordial, professional and exactly what I would expect from Department of Justice representatives. There are benign reasons why timing or why other aspects of disclosures made or not made occur. Most are well founded and appropriate and that may turn out to be the case here.

The reason this has come out the way it has is because of the circumstances under which these issues unfolded. My client has been in hellish pre-trial detention for many months. The Department of Justice’s, Bureau of Prisons, in a time of declining prison populations and growing vacancy rates, found it necessary to delegate custody of a class of prisoners to the District of Columbia.

At the time, not only would pre-trial release have been required under the US Bail Reform Act, the Covid-winds were such that there was an even more permissive presumption of release permeating the federal prison system that one might have thought would have resulted in pre-trial release for non-violent charged prisoners with prior criminal histories and without passports. Instead, the January Six prisoners were treated specially where their imprisonment was delegated to the District of Columbia.

The facility is a hellhole. The conditions of confinement are unbearable particularly if you have opted not to receive the Covid 19 vaccine (pages 2-5).

At least in this case, a belated disclosure of exculpatory information has adversely impacted the Court’s analysis regarding risk Mr. Kenneth Harrelson, a disabled veteran without a prior criminal history and without a passport, poses to society.

Much of the damage done to Mr. Harrelson was done PRIOR TO the government prosecutorial team showing up. His reputation and humanity were destroyed prior to the Government even showing up. It was done by unhinged statements made by members of Congress and other political figures who “turned tail and ran” in terms of protecting the presumption of innocence or they actively threw my client “under the bus.”

He has been thoroughly dehumanized, caricatured, demonized, mocked, politicized and dismissed. It has been one of the most unAmerican displays I have ever seen in my lifetime. The worst of all of them has been the media.