DOJ Moves to Dismiss Case Against January 6 Protestor -- It Always Begins With a Trickle
By Shipwreckedcrew | Jun 02, 2021 12:30 PM ET
On Tuesday, the Department of Justice filed a motion to dismiss the criminal complaint filed against defendant Christopher Kelly on January 20, 2021. Kelly was charged in connection with the January 6 protests on Capitol Hill.
There are several issues worth commenting on here.
First, Kelly has never been indicted by a grand jury even though there have been grand jury indictments handed down as soon as the week following the protests.
Kelly was charged by way of a criminal complaint obtained by the FBI, relying on an affidavit filed by Special Agent Michael Andretta, and signed by U.S. Magistrate Judge Zia Faruqui on January 20. He was arrested and made his initial appearance on February 9.
Under Federal Rule of Criminal Procedure 5.1, a defendant must be indicted within 14 days of making an initial appearance following an arrest on a criminal complaint if the defendant is held in custody. The period is extended to 21 days if the defendant is released on bond. If an indictment is not obtained in that time, the defendant is entitled to a preliminary hearing where a Magistrate determines after the presentation of evidence by the government whether there is probable cause that the defendant has committed a federal crime.
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https://redstate.com/shipwreckedcrew/2021/06/02/doj-moves-to-dismiss-case-against-january-6-protestor-it-always-begins-with-a-trickle-n389823