"Unacceptable": Federal magistrate judge seeks explanations following federal authorities moving another case to a lower priority
In a recent turn of events, a federal magistrate judge, Zia Faruqui, has criticised the Justice Department for attempting to dismiss a case against a man who was charged with threatening to kill President Donald Trump. The man, whose identity remains undisclosed, was accused of making the threat while he was detained in a police car last month.
According to court documents, Dana, the man in question, was heard on camera video advising the officer that he is intoxicated. During the same encounter, Dana is alleged to have said, "And that means killing you, officer, killing the President, killing anyone who stands in the way of our Constitution... You want to stand in the way of our Constitution, I will f---ing kill you."
However, Dana's attorney, Elizabeth Mullin, contends that Dana's drunken ramblings "do not rise to the level of 'true threats' as established by Supreme Court precedent." Mullin further argues that any objective listener would conclude Dana's statements were conditional, unserious, and did not convey a "real possibility that violence [would] follow."
In a bizarre twist, Mullin also claims that Dana loudly sang "ba ba ba ran, ba ba ran" (an apparent reference to a Beach Boys song) after making the threat. This unusual detail was presented as a means to further emphasise Dana's state of inebriation and lack of serious intent.
Despite these arguments, the Justice Department sent an email to the court informing that they no longer intend to pursue the federal charge against the man. Instead, prosecutors filed low-level charges in D.C. Superior Court.
Judge Faruqui questioned whether the Justice Department still adheres to a principle of bringing only winnable cases, stating that prosecutors made an "inexcusable" attempt to cancel a preliminary hearing for the man because they had filed lesser charges in a lower court.
In a separate incident, a federal grand jury also declined to indict a man accused of hurling a sub-style sandwich at a U.S. Customs and Border Protection agent. The man, whose identity was not disclosed in the article, was alleged to have damaged a light fixture outside a D.C. restaurant. The article does not provide information about the outcome of this case.
The U.S. attorney for Washington, D.C., Jeanine Ferris Pirro, criticized Judge Faruqui's order, stating that he has "repeatedly indicated his allegiance" to those who violate the law. However, the details of this criticism were not elaborated upon in the article.
Grand juries have declined to return indictments more than a half-dozen times in recent weeks amid the Trump administration's federalization of the D.C. police to crack down on crime. The current status of the cases mentioned in this article remains unclear.
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