…as it does to the rest of us. This is in the subtext of Aaron Kliegman’s Just the News piece regarding Progressive-Democrat Congressmen pushing for a revival of their Bivens Act proposal, which would
allow citizens to recover damages for constitutional violations committed against them by federal law enforcement officials.
Kliegman, though, also pointed out another effect of the Act’s simple proposal:
the legislation would incidentally offer a path to civil remedy for those imprisoned without trial for alleged involvement in the January 6 Capitol breach who say they’ve been mistreated by federal authorities to sue.
That’s certainly true, but I suggest that the prisoners held on claimed beefs related to the 6 January riot already have strong Constitutional grounds for dismissal of the charges and denial of qualified immunity against many of the gaolers–the prison warden included.
Most of them are being held without bail and without being actually charged, hence the “claimed beefs.”
They’re being unconstitutionally held on at least three counts:
No person shall be held to answer for a capital, or otherwise infamous crime, unless on a presentment or indictment of a Grand Jury….
That’s from the 5th Amendment. No indictment or even the convening of a Grand Jury has occurred. That it’s allegedly an infamous crime is amply demonstrated by the number of Progressive-Democrats who are loudly proclaiming the riot to have been an insurrection.
…nor shall be compelled in any criminal case…be deprived of life, liberty, or property, without due process of law….
That’s also from the 5th Amendment. Plainly the prisoners are being denied their liberty without due process; they’re being held for indefinite periods on no charges and no bail opportunity.
…the accused shall enjoy the right to a speedy and public trial….
That’s from the 6th Amendment. This count has two specifications: they aren’t even accused yet, except by those Progressive-Democrats, but not formally in court, and they’ve been denied a speedy and public trial for so long that they cannot ever have a speedy trial.
Plainly, “speedy trial,” or merely “trial,” don’t have the same meaning for Progressive-Democrats that the terms have for us average Americans, for whom they have such contempt.
Those worthies’ pronouncements notwithstanding, the only cure here is the prisoners’ unconditional release with all current proceedings against them dismissed and any future proceedings related to the riot barred from being brought.