U.S. District Judge Trevor N. McFadden, appointed by Donald Trump in 2017 to serve in the former president’s Department of Justice, acquitted Matthew Martin of Santa Fe, NM, of four counts of misdemeanor misconduct and misconduct. in a lawsuit – handing over the Ministry of Justice its first defeat in a lawsuit for violation of the Capitol. Martin, who testified in his defense, claimed that he had never visited the US Capitol before and did not know that it was out of bounds for the protesters. McFadden’s verdict following a two-day trial is not binding on other judges hearing the Jan. 6 case in Washington, but his findings could encourage some defendants in other prosecutions who have made similar allegations to challenge them. Some 384 people like Martin face charges of misconduct in the Capitol siege alone – or about half of the more than 770 people charged federally. About 150 of the more than 200 people who have pleaded guilty have admitted only misdemeanors, usually for non-violent charges such as entering or staying in forbidden buildings or Capitol areas or illegal picketing, parade or demonstration. Martin was acquitted of each of these offenses and, like some other defendants, claimed he did not know he was breaking the law. McFadden ruled that while U.S. prosecutors had shown that Martin “most likely did not know he should not go” to the Capitol, the actions of U.S. Capitol police at a key entrance to the building raised reasonable doubts. “While the defendant was at the scene, police officers were standing by the door to let people in,” McFadden said, referring to Columbus Gate at the top of the East Capitol. “People were coming in and the police did not make any effort to stop the people at the door; I find that the accused reasonably believed that the police allowed him to enter the Capitol.” Martin approached the entrance at about 3 p.m., less than 20 minutes after authorities said he had been violently beaten by Oath Keepers and others. Capitol police said they abandoned efforts to defend the door, which leads to the Capitol Rotunda, leaving two police officers on guard to prevent injuries to the crowd. However, prosecutors said that by the time Martin arrived at the entrance, he had entered forbidden areas of the Capitol marked by roadblocks. from bicycle racks and crossed over a plastic fence placed with “closed area” signs. At the doorstep, Martin recorded a video showing a crowd shouting, alarms ringing, door windows shattering and people in agony from chemical irritants. Longtime Proud Boys leader Enrique Tarrio accused of plotting to attack Capitol on January 6 U.S. Assistant Attorney General Michael Romano called the defendant’s allegations of innocence “ridiculous.” He added that Martin was aware of his guilt when his boss in Los Alamos texted him that night, warning: “You can not get over the capital building.” “Actually you can, rather easily, I could add,” Martin replied. “Not as safe as you think. Our numbers were huge. They were not prepared. “ While Martin initially claimed to have learned that the building was breached only that night after seeing media reports, he recorded personal videos showing police using riot gear clearing the building. His video also showed officers knocking down a rioter who was punching, kicking and knocking on a window with a pole and facing the screaming crowds. Martin took a stand for his own defense, defending his actions as peaceful. He said he did not commit violence or vandalism and that he enjoyed his time in Washington, calling the mood for much of the day festive and “a magical day in many ways.” Martin claimed that he did not cross roadblocks on his walk around the Capitol on his east front and assumed that the “closed area” signs only applied to parts of the Capitol where hundreds of people were already walking when he approached after 2 p.m. Martin said he did not understand the importance of the demolished plastic fence he had crossed, nor did he consider that people gathered on the east central steps of the Capitol were not allowed there. McFadden disputed Martin’s claim that an officer shook his hand, citing a video that did not end. The judge made it clear that he found all government witnesses credible and that the police officers at the doors, which were much smaller in number, “acted responsibly and logically”, although he noted that they did not testify. “The first is a narrow call, but according to our justice system, the close calls go to the accused,” McFadden said. He added that Martin was waiting in line, he was mostly quiet as he entered and recorded his 10 minutes at the Capitol. Martin left after police violently broke out the Rotunda ritual, the judge said. “No rational juror could consider these actions erratic. “I do not consider it necessary to comment on such fabrications.” McFadden called Martin’s behavior “about as minimal and non-violent as a protester at the Capitol” on January 6. The judge said Martin did not shout or raise his flag while in the Rotunda, spending most of his time in the back of a crowd, recording videos with a phone that does not look much like members of the media. Romano said surveillance video and recordings of Martin himself showed him that he initially failed to leave the Rotunda, blocking officers from trying to clear the building and later blocking or blocking police officers trying to remove people from the building. Justice Department Expands Investigation January 6 to Consider Rally Preparation and Funding Following the Capitol breach, Martin lost his top-secret license and his job in Los Alamos, NM, with a Department of Energy contractor backing the country’s nuclear weapons stockpile. The U.S. Attorney’s Office declined to comment on the decision or its possible impact. Represented by Santa Fe’s lawyer Dan Crohn, Martin waived his right to a jury trial and was the second defendant to be convicted of a misdemeanor. McFadden also presided earlier misdemeanor trial. The judge found Couy Griffin, a New Mexico county commissioner and founder of the popular Cowboys for Trump group, guilty of trespassing after posting a video of himself on the opening scaffolding outside the Capitol.
