D.C. Circuit Rebukes Lower Court On Indefinite Detention Without Bail Of Jan. 6 Protester George Tanios

““The record reflects that [George Pierre] Tanios has no past felony convictions, no ties to any extremist organization, and no post-January 6 criminal behavior that would otherwise show him to pose a danger to the community.” The post first appeared on Le·gal In·sur·rec·tion .

The Relevant Facts (from Tanios’ appellate brief)

In early January 2021, George Tanios – who planned on attending the Stop the Steal rally in Washington D.C. on Jan. 6 – purchased two canisters of “bear spray” (a chemical irritant) and two small keychain bottles of mace for self-defense because he had heard about Trump supporters being violently attacked in connection with similar political events by members anti-Trump groups.

On January 6, 2021, Tanios – along with a friend named Julian Khater – attended the rally. Afterwards, the two men proceeded to the Capitol where they witnessed “chaos unfolding.”

At some point, the two friends separated.  But at approximately 2:14 p.m., Khater reunited with Tanios and claimed that someone – Khater did not say who – had sprayed him with a chemical.  Khater “appeared upset and wanted to retrieve [the] ‘bear spray’ from Tanios’ backpack.”

During this interaction, Khater grabbed one of the containers of “bear spray” from Tanios’ backpack.  Tanios, however, argued with him and refused to relinquish the spray to Khater.

The can was returned to the backpack, but Khater managed to get his hands on a smaller bottle of mace from the backpack.  He then proceeded to the line of officers protecting the Capitol, and sprayed three of them – one of whom was U.S. Capitol Police Officer Brian Sicknick.

There is no evidence that Tanios knew that Khater accessed the smaller bottle of spray or that Tanios knew that Khater sprayed people.

Officer Sicknick  

Officer Sicknick died the following day. Immediately, officials declared that he had succumbed to injuries he sustained during the Capitol melee.

The Justice Department opened a federal murder investigation into his death, and Democrats and their media allies promoted this propaganda for over three months.

The New York Times falsely reported that Sicknick had died as a result of being bludgeoned in the head by a fire extinguisher by a  pro-Trump rioter – a claim that was echoed multiple times by the leftwing media.

On April 19, however, D.C.’s chief medical examiner issued a report stating that Sicknick did not die from injuries sustained on Jan. 6, but from natural causes – he suffered two strokes.   In an interview with The Washington Post, the medical examiner explained that the strokes were not brought about by any allergic reaction to the chemical irritants dispensed by rioters. He further stated that Sicknick had no internal or external injuries from the riot.

This fact was given minimal attention by the same media outfits that had pushed the canard that Sicknick had been murdered by Jan. 6 rioters.

….

D.C. Circuit Decision

Last week, the D.C. Circuit overturned the detention order and directed Tanios’ release.

In a pithy, unsigned decision, the D.C. Circuit found that “presumptions of detention” such as the one recognized by Judge Hogan are unlawful and “contraven[e] … the Bail Reform Act and precedent.”

This makes sense, of course, since the Supreme Court long ago made clear that “[i]n our society, liberty is the norm, and detention prior to trial … is the carefully limited exception.”  To allow a presumption of detention would allow the exception to swallow the rule.

The D.C. Circuit further stated that without such a presumption, there was no basis for the lower court to have ordered Tanios’ detention without bail.  The  D.C. Circuit stated, “The record reflects that Tanios has no past felony convictions, no ties to any extremist organization, and no post-January 6 criminal behavior that would otherwise show him to pose a danger to the community.”

Five months after his arrest, Tanios was finally released.

Source: D.C. Circuit Rebukes Lower Court On Indefinite Detention Without Bail Of Jan. 6 Protester George Tanios

From the Washington Post piece:

Capitol Police officer Brian D. Sicknick suffered two strokes and died of natural causes a day after he confronted rioters at the Jan. 6 insurrection, the District’s chief medical examiner has ruled.

The ruling, released Monday, will make it difficult for prosecutors to pursue homicide charges in the officer’s death. Two men are accused of assaulting Sicknick by spraying a powerful chemical irritant at him during the siege, but prosecutors have not tied that exposure to Sicknick’s death.

In an interview with The Washington Post, Francisco J. Diaz, the medical examiner, said the autopsy found no evidence the 42-year-old officer suffered an allergic reaction to chemical irritants, which Diaz said would have caused Sicknick’s throat to quickly seize. Diaz also said there was no evidence of internal or external injuries.

Washington Post