Royce Lamberth Not as Easy to Fool as Tucker Carlson’s “Cousin-Fucking” “Terrorist” Viewers

Royce Lamberth just denied Q-Shaman Jacob Chansley’s bid to vacate his conviction based off footage Tucker Carlson falsely claimed was new and hadn’t been provided in discovery to Chansley.

The whole opinion is worth reading, both for Lamberth’s explanation of what a hack Tucker Carlson is, and for the extent to which Lamberth substantiates Chansley’s guilty verdict, again. For example, Lamberth complains at

Finally, the Court would be remiss if it did not address the ill-advised television program of March 6, 2023. Not only was the broadcast replete with misstatements and misrepresentations regarding the events of January 6, 2021 too numerous to count, the host explicitly questioned the integrity of this Court-not to mention the legitimacy of the entire U.S. criminal justice systemwith inflammatory characterizations of cherry-picked videos stripped of their proper context. In so doing, he called on his followers to “reject the evidence of [their] eyes and ears,” language resembling the destructive, misguided rhetoric that fueled the events of January 6 in the first place. 16 The Court finds it alarming that the host’s viewers throughout the nation so readily heeded his command. But this Court cannot and will not reject the evidence before it. Nor should the public. Members of the public who are concerned about the evidence presented in Mr. Chansley’s case and others like may view the public docket and even attend court proceedings in these cases. Those ofus who have presided over dozens of cases arising from, listened to hundreds of hours of testimony describing, and reviewed thousands of pages of briefing about the attack on our democracy of January 6 know all too well that neither the events of that day nor any particular defendant’s involvement can be fully captured in a seconds-long video carelessly, or perhaps even cynically, aired in a television segment or attached to a tweet.

But a more important part of the opinion pertains to this: the decision once again vindicates DOJ’s decision to give every January 6 defendant access to all the discovery in the case.

Lamberth included a table showing when the government had provided Chansley with each (but one 10 second clip) of the videos Tucker showed in his program.

The opinion discusses the government’s approach to discovery in this case at length. Ultimately, he credits the government’s decision to make all the video available to all the defendants — something which created a significant delay in these cases.

The vast majority of the CCTV footage aired on the program, which did not contain any new facts, was made discoverable through Evidence.com prior to Mr. Chansley’s sentencing. Gov’t Opp’n at 16-17.

[snip]

In alternative, Mr. Chansley argues that even if the videos were disclosed, the government provided too many videos too late because it would have been physically impossible for defense counsel to review the 4,800 hours of footage disclosed on October 22, 2021 before Mr. Chansley’ s sentencing in mid-November 2021. Def.’s Mot. at 16 & n.3. Aside from the fact that “[Mr. Chansley] cite[ s] no authority for the proposition that the government fails to meet its Brady [] obligations by providing too much discovery,” United States v. Bingert, Nos. 21-cr-91-1, 21-cr91-2 (RCL), 2023 WL 3203092, at *6 (D.D.C. May 9, 2023) (emphasis in original), this argument is an obvious red herring.

[snip]

[I]t it is precisely the government’s recognition of this District’s exacting Brady standards that compelled the government to contract for, fund, and facilitate the introduction of a platform to disseminate massive amounts of discovery in cases related to January 6, 2021, and to equip defense teams with the tools necessary to digest the information made available on the platform. To be sure, this unprecedented prosecutorial effort places enormous disclosure burdens on the government and necessitates novel approaches to sharing discovery information with defendants. That said, Mr. Chansley has not demonstrated how the government’s approach is inconsistent with Brady.

As with Dominic Pezzola’s similar attempt to use the Tucker Carlson show to muck up his prosecution, this vindicates DOJ’s decision to take the laborious and time-consuming effort to put this together.

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26 replies
  1. Attygmgm says:

    1. Dr. Wheeler’s ability to monitor each step in the various J6 prosecutions never ceases to amaze.

    2. It is rich indeed to argue, simultaneously, both the government produced too little discovery, while also arguing alternatively that the government produced too much discovery.

    3. Nice of Judge Lamberth to provide detailed findings of the ongoing shoddy “journalism” of Mr. Carlson. Which can’t hurt the recent defamation claims made by Ray Epps.

    • AndTheSlithyToves says:

      vin·di·cate | verb
      3rd person present: vindicates
      1. clear (someone) of blame or suspicion.
      “hospital staff were vindicated by the inquest verdict”
      Similar: acquit | clear | absolve | free from blame
      2. show or prove to be right, reasonable, or justified.
      “more sober views were vindicated by events”
      Similar: justify | warrant | substantiate | establish | demonstrate | ratify | authenticate | verify | confirm | corroborate | prove | defend | offer grounds for | support | bear out | give credence to | lend weight to

  2. P’villain says:

    Lamberth has irked me many times during his years on the bench, particularly in various Judicial Watch cases, but the benefits of his institutional loyalty and long experience have been manifest in these Jan 6 cases.

  3. David F. Snyder says:

    Lamberth just turned 80 on Sunday. His extra service is much appreciated.

    One of the many reasons I value this EW site is that Marcy provides links to court documents, links that mainstream news either obfuscates (for ad-scroll) or just plain omits. Of course, Marcy’s annotations and explications are another reason (and there are many more).

      • Unabogie says:

        So the Trump lawyer didn’t want to miss a chance to step in the way of the questions even though he had somewhere else to be, was late because of it, and successfully blamed the DOJ? I mean, good for him for being effective, but yeah, Politico is making that sound like a huge blow to Jack Smith when it’s not.

      • earlofhuntingdon says:

        If grand jury proceedings are secret, and lawyers for a witness are not allowed into the grand jury room, how did Woodward contemporaneously know what the questions were and that they supposedly implicated executive privilege?

        If those assumptions are correct, why did McFadden not ask Woodward those questions, in response to his excuse for being 25 minutes late to another hearing?

        Isn’t Woodward’s job to manage his own schedule? If McFadden doesn’t like his choices, shouldn’t he direct his ire at Woodward?

        • bmaz says:

          Don’t know about McFadden, but every time a witness at a GJ is asked a question, he/she has the option to go out in the hallway to consult with their lawyer. It can be painful. So, the lawyer knows, but is just not in the room where it happens, but is in the hall outside.

          Yes, Woodward is responsible for his own schedule. You would think that would have been communicated. Apparently not.

        • sohelpmedog says:

          It’s a relatively slow news day.
          Oops.BREAKING: Lawyer shows up late for court appearance! Judge gets pissed off!
          We are following this story.

  4. Peter Janovsky says:

    At sentencing, Chansley said to Lamberth:
    “I make this holy vow and this sacred oath, I will never re-offend ever again, and I will always from here on forward think about the ramifications of everything that I do and what it is that I say and how it may be perceived.”
    He’s now spreading conspiracies and selling Shaman merch. He lied to the Judge.

    • HikaakiH says:

      To use an idiom from Blackadder Goes Forth, that statement from Chansley, no matter how truly felt and believed by him when he uttered the words, had as much chance as a vow of fidelity from a Frenchman who lives next to a brothel. (Apologies to any French and Francophile readers who are genuinely offended by that simile.)

  5. WilliamOckham says:

    Lamberth knows how to use a footnote. See footnote 14:

    At the time of his November 2021 sentencing, the government had not gathered any evidence that Mr. Chansley was aware of the noose hanging outside of the Capitol building at the time that he sat in the Vice President’s chair and wrote his threatening note. Sent’g Hr’g Tr. at 8:7-13. Therefore, the Court did not take that event into consideration in imposing Mr. Chansley’s sentence. Since then, the government has gathered terabytes of additional evidence regarding the events of January 6, 2021. Were Mr. Chansley to be resentenced today, perhaps the government would be able to present such evidence and, if so, the Court would certainly consider such evidence in imposing a new sentence.

  6. zscoreUSA says:

    It’s disgusting what these guys are doing to Chansely, Tucker and his current attorney Shipley. Absolutely disgusting.

    During the process of the discovery, Chansely learned that in 2006, the Navy diagnosed him with mental illness, then discharged him, allegedly without telling him the mental health illness. Then during July 2021, has what Judge Lamberth said was the most extensive mental health testing by judicial system he has seen, and diagnosed with mental illnesses. Part of Chansley getting as light a sentence as he did, was the mental health concerns and his active work to address and better himself. Shipley knows this.

    Shipley was responsible for Chansley’s appeal in late 2021, along w Pierce and didn’t put in any effort. He’s used Chansely for fundraising. He had access to all of Chansley’s discovery videos the same date Chansley’s then lawyer Watkins did, which was 10/22/21, and in December when he became the lawyer he should have looked them all up.

    At Chansley’s sentencing hearing on 11/17/21, his lawyer Watkins told the judge he had given up watching the videos with Chansely because the videos drained him.

    Shipley and Tucker are taking advantage of someone with mental health concerns who is a perfect target to be taken advantage by people with selfish motives.

    • bmaz says:

      Lots of criminal defendants are borderline insane, but people should feel empathy for Angeli? You have to be kidding.

      • Ruthie2the says:

        Speaking as the sister of someone sent to prison over threats that were hard to separate from his severe mental illness, I actually would hope for empathy for those like him. That’s in no way to excuse his behavior, or that of other mentally ill people, or to deny the need for consequences.

        I just think a more empathetic approach to mental illness both within the criminal justice system and society at large would be beneficial for everyone.

  7. JR_in_Mass says:

    I have been reading Emptywheel almost every day for several years.

    I apologize for this frivolity being my first post, but I was inspired to create the first two lines of a poem, not up to the usual literary and artistic standards, but perhaps amusing. There are many possible ways to complete it:

    There once was a pundit named Tucker,
    Who played all his viewers for suckers.
    da-dat-dada-dat,
    budump-badda-bap,
    etcetera, cetera, cetera.

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