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Biden Admin Drops Dozens Of Charges Against Violent Protesters In Portland

We recently discussed how the plea agreement with a BLM protester (who tried to cut the brake lines on a police vehicle) may indicate a significant shift from the Trump Administration in prosecuting violent protesters.  New figures out of Portland would indicate that there is such a major shift occurring. The Justice Department are dropping 58 of the 97 criminal charges brought after the Portland riots, including assaults on officers. I previously criticized the federalization of these protest cases. Local police were clearly relying on the federal government - as opposed to their own local prosecutors - to address violent protesters. Yet I was also critical of the role of local officials in dismissing and even in some cases fueling such violence with their rhetoric or inaction. 

Most Portland riot suspects won t be prosecuted, US attorney reveals

Dozens of suspects arrested; Dan Springer reports David Bouchard admitted he put a Customs and Border Protection officer in a chokehold. Charles Comfort was indicted by a grand jury of civil disorder for twice charging at Portland Police Bureau officers and hitting them with a makeshift shield then kicking a third officer while being arrested. Both men faced federal charges stemming from their actions during a summer of more than 100 straight nights of often violent protests in Portland. But Bouchard and Comfort are among dozens of Portland federal arrestees whose cases were dismissed or are being deferred without so much as a day behind bars. 

Leniency for defendants in Portland clashes could affect Capitol riot cases

POLITICO Leniency for defendants in Portland clashes could affect Capitol riot cases After President Joe Biden’s inauguration, federal prosecutors agreed to probation deals for charges related to last summer’s unrest in Oregon. Portland police are seen in riot gear during a standoff with protesters in Portland, Ore., on Aug. 16, 2020. | Paula Bronstein/Getty Images Link Copied Federal prosecutors’ show of leniency for some defendants charged in the long-running unrest in the streets of Portland could have an impact on similar criminal cases stemming from the Capitol riot, lawyers say. In recent weeks, prosecutors have approved deals in at least half a dozen federal felony cases arising from clashes between protesters and law enforcement in Oregon last summer. The arrangements known as deferred resolution agreements will leave the defendants with a clean criminal record if they stay out of trouble for a period of time and complete a modest amount of community service,

Sentencing Law and Policy: Noting the importance of charging policies and practices (and consistency?) as federal rioting charges get resolved from coast-to-coast

Since June 28, 2004 April 14, 2021 Noting the importance of charging policies and practices (and consistency?) as federal rioting charges get resolved from coast-to-coast A few weeks ago, as blogged here, Politico spotlighted some case processing realities surrounding the on-going federal prosecutions of persons involved in the insurrection on January 6, 2021.  That lengthy piece highlighted reasons why it could turn out, in the words of the headline, that Many Capitol rioters [are] unlikely to serve jail time.   Politico now has this additional interesting piece on the same beat headlined Leniency for defendants in Portland clashes could affect Capitol riot cases.   I also recommend this piece in full, in part because the piece showcases how differing charging policies and practices both at the national level and in individual districts can lead to differing case outcomes:

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