The subjects of Howell’s order were Nicholas DeCarlo and Nicholas Ochs, two Proud Boys who admitted to throwing smoke bombs at Capitol police officers, entering restricted areas at the Capitol, and stealing plastic zip-tie restraints. “We’re not supposed to be here,” Ochs said to DeCarlo, who replied, “We’re all felons, yeah!” DeCarlo also apparently failed at his first attempt to lob a smoke grenade, saying, “Oh fuck, I just threw it without pulling the pin. Goddammit.”
Even when the federal government decides to stop prosecuting a defendant, courts may still require the government to “submit a statement of reasons and underlying factual basis, which must be substantial to justify the dismissal and not a mere conclusory statement.” Here, the government filed a one-page motion to dismiss, with a one-paragraph explanation that cited Trump’s proclamation. “The government’s cursory motion provides no factual basis for dismissal,” Howell wrote. “This Court cannot let stand the revisionist myth relayed in this presidential pronouncement.”
Howell ultimately dismissed the Nicholases’ insurrection-related indictments, but did so without prejudice. This preserves the opportunity for a future administration to prosecute DeCarlo and Ochs for their conduct at the Capitol. In other words, Howell knew that justice would be delayed, but she tried to find a way to make sure it might not be denied.
Sometimes, the pool of possible judicial decisions doesn’t include anything affirmatively good. The options are instead making something harmful a bit less bad or harder to achieve, or calling a lie a lie a little louder. In this case, Howell basically only had her voice. But at least she used it.
In recent weeks, federal judges across the country have been expressing their frustration with President Trump’s blatant disregard for the rule of law. From his attempts to undermine the election results to his refusal to comply with court orders, Trump’s lawless behavior has not gone unnoticed.
One federal judge in particular, Judge Emmet Sullivan, has been vocal in his criticism of Trump’s actions. In a recent ruling, Sullivan called out the administration for its “unprecedented disregard for the law” and warned that its actions could have “grave consequences for our democracy.”
Other judges have also expressed their exasperation with Trump’s disregard for legal norms. Judge Amy Berman Jackson, who presided over the Roger Stone case, criticized Trump for his attempts to influence the case and called his behavior “inappropriate and unprofessional.”
As Trump continues to flout the law and challenge the norms of our democracy, federal judges are making it clear that they will not stand for his lawless horseshit. It remains to be seen how the courts will ultimately respond to Trump’s actions, but one thing is clear: the judiciary is not pleased with the president’s behavior.
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