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Exclusive: Jacob Chansley’s Lawyer Intends
to File to Vacate Conviction

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Posted By: earlybird, 3/18/2023 11:58:37 AM

Bill Shipley, the lawyer representing Jan. 6 defendant Jacob Chansley, started the process of requesting the court to vacate Chansley’s 41-month sentence next week, (snip) intends to file a vacate-conviction motion pursuant to 28 U.S. Code § 2255 (remedies on motion attacking sentence) next week, pending government response to a letter he sent to the DOJ on Friday requesting information about Chansley’s case. That provision in the law states that a “prisoner in custody under sentence of a court established by Act of Congress claiming the right to be released upon the ground that the sentence was imposed in violation of the Constitution or laws of the United States.”

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Reply 1 - Posted by: Venturer 3/18/2023 12:12:27 PM (No. 1428090)
Not being an Attorney I have to assume that this move to vacate the sentence is because the Prosecutor withheld evidence. A fact we all watched, and we know to be true. But I doubt that will end the left's attack on this man, they may charge him with something else.
12 people like this.

Reply 2 - Posted by: mc squared 3/18/2023 12:24:05 PM (No. 1428097)
Chansley and others still in political prison are dangerous to the Democrats. It's why there have been no serious trials: discovery by the defense.
19 people like this.

Reply 3 - Posted by: john56 3/18/2023 1:59:54 PM (No. 1428170)
He also had inadequate counsel, who pressured him into taking a guilty plea and severely limit his ability to file an appeal.
7 people like this.

Reply 4 - Posted by: earlybird 3/18/2023 2:27:55 PM (No. 1428184)
If it is true that his attorney did not have rhe exculpatory videos, he would not have been in a good position when the plea bargain was negotiated, nor woul Chansley have agreed to it.
6 people like this.

Reply 5 - Posted by: Cynical Backstory 3/18/2023 2:58:34 PM (No. 1428188)
I’m not an attorney but…I’m sure chansley told his attorney just what he did in those halls. And, everyone saw security videos of the mayhem on same halls on their tv’s. Wouldn’t a good attorney have demanded ALL security footage to find evidence of his client strolling down the hallways with capitol security escorting him? Not turning over those films would have definitely been suppression of evidence regardless of what smarmy. Mister attorney for the prosecution might say. And don’t give me any crap mr. Author of the Article, about how much footage there was, Chansleys attorney would know what he was looking for.
2 people like this.

Reply 6 - Posted by: earlybird 3/18/2023 3:03:15 PM (No. 1428190)
I strongly recommend that #1 and others read this highly detailed, very informative article. Commenting without reading is flying blind… For example: “In the letter, Shipley noted that Chansley and his former attorney, Albert Watkins, both did not see the tapes aired on Fox featuring Chansley prior to their broadcast on Fox. “Had the videos been properly disclosed as required by law they would certainly have been used as a counterpoint to the one-sided and factually inaccurate portrait of Mr. Chansley painted by the Government in its Sentencing Statement and arguments at the sentencing hearing,” the letter continues.(snip) According to Shipley, however, the legal bar for establishing suppression of evidence is much lower. “Suppression … is not the nefarious burying of evidence,” Shipley said in a separate interview with The Epoch Times on March 13. “It just means it wasn’t brought to light by the government. The government knew what was there and did not illuminate the fact that it was there.” He said that the DOJ may have violated Brady in prosecuting Chansley because they didn’t identify the footage and its nature as potentially exculpatory evidence during Chansley’s trial.” If we habitually avoid our responsibility to inform ourselves (and God knows information is spoon-ged here at Lucianne, as it has been for decades), we are derelict in our duty as American citizens.
11 people like this.

Reply 7 - Posted by: NorthernDog 3/18/2023 3:07:44 PM (No. 1428193)
Undoubtedly the government viewed all the thousands of hours of videos and knew there were some that were favorable to Chansley. They just chose to keep quiet. Chansley's lawyer had to rely entirely on what the government had cataloged and identified.
7 people like this.

Reply 8 - Posted by: earlybird 3/18/2023 3:08:12 PM (No. 1428194)
spoon-fed
4 people like this.

Reply 9 - Posted by: padiva 3/18/2023 4:20:47 PM (No. 1428240)
Will the prosecutor permit this reversal to set a precedent?
2 people like this.

Reply 10 - Posted by: thatsomewhereplace 3/18/2023 9:21:40 PM (No. 1428357)
When, WHEN will these imprisoned people get out of jail? Why are they locked up? No lawyers. No Constitutional requests to get them out. It makes me so angry. In jail for no specified reason. No attorneys. Torture by jail employees. No medical assistance. Fed up, you hear me. Mr. McCarthy, get on this NOW and let them go. NOW.
2 people like this.

Reply 11 - Posted by: DVC 3/20/2023 1:09:34 AM (No. 1429119)
Good. The entire thing is a political hit job, based on massive fraud and endless lies.
1 person likes this.

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