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Jan. 6 defendant expected to plead guilty to single charge after prosecutors forgot to indict him

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Jan. 6 defendant expected to plead guilty to single charge after prosecutors forgot to indict him

A Texas man is predicted to plead responsible Thursday to assaulting a police officer with a harmful weapon on the Jan. 6, 2021, Capitol riot, doubtlessly avoiding many years in jail after federal prosecutors misplaced monitor of the case for months.

As soon as an individual is arrested, the federal government has 30 days to indict them. However on this case, prosecutors admit they misplaced monitor of Lucas Denney after his arrest in December.

Denney was not indicted till 85 days after his arrest as soon as his attorneys moved to have him launched from jail in early March. Prosecutors had been capable of unexpectedly get an indictment on a single cost permitted by a grand jury earlier than Denney appeared in courtroom.

Earlier within the week prosecutors admitted to the error and moved to have the costs in opposition to Denney dropped so they may return to a grand jury for an indictment on the entire authentic fees.

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Lucas Denney

(Division of Justice)

However Denney’s lawyer, William Shipley, caught prosecutors and U.S. District Decide Randy Moss off guard when he dropped the movement to dismiss the cost and as a substitute introduced his shopper meant to plead responsible.

Shipley mentioned he hoped the short responsible plea for the only cost of assault on a police officer with a harmful weapon would maintain the federal government from acquiring a grand jury indictment on the opposite fees he was initially arrested for.

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“I don’t put it previous them to run to the grand jury once more to attempt to as soon as once more escape the entice that they’ve constructed for themselves,” Shipley mentioned.

Denney is accused of grappling with police on the Capitol, swinging a steel pole at an officer, throwing a number of gadgets at police and recruiting others to journey to Washington ready to struggle. U.S. Atty. Jennifer Rozzoni wrote in a submitting Monday morning that, apart from the seditious conspiracy fees in opposition to 11 Oath Keepers, “these are probably the most severe offenses fees in relation to the assault on the Capitol.”

Although it isn’t clear that the plea would forestall extra fees, Moss mentioned there could possibly be an argument that including extra fees later would violate Denney’s protections in opposition to being tried twice for a similar crime, also referred to as double jeopardy.

Moss mentioned he was involved Denney was making a hasty determination that might nonetheless lead to years of jail time and delayed Denney’s arraignment till the prosecution and protection may current sentencing suggestions. Denney’s lawyer’s advised 41 to 51 months in jail. Prosecutors requested for 57 to 71 months.

Federal regulation additionally units a 70-day timeline for a trial to start as soon as an individual is indicted, although a choose can pause that clock if both the prosecution or protection requests it. The clock has been paused in lots of of Jan. 6 instances because the federal authorities rushes to course of an awesome quantity of digital proof right into a database.

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A lot of the greater than 775 Jan. 6 defendants have pleaded responsible or are out on bond. However the 65 or so being held in jail pending trial, some for over a 12 months, are more and more pushing for his or her trials to start. Most of the defendants being held with out bond are accused of violent assaults on police or conspiring to arrange the storming of the Capitol.

The one defendant to finish a jury trial to this point, Man Reffitt, a member of the Texas Three Percenter militia group, was discovered responsible on all counts final week, together with obstruction of an official continuing and carrying a firearm whereas being unlawfully on Capitol grounds.

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Video: Biden Tells Hurricane Survivors, ‘We Will Be There With You’

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Video: Biden Tells Hurricane Survivors, ‘We Will Be There With You’

new video loaded: Biden Tells Hurricane Survivors, ‘We Will Be There With You’

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transcript

Biden Tells Hurricane Survivors, ‘We Will Be There With You’

During his speech at the White House on Wednesday, President Joe Biden spoke about the hurricane Helene recovery efforts saying he expects to ask congress for additional funding to the affected states.

Good morning. It’s not just a catastrophic storm. It’s a historic, history-making storm. Communities are devastated. Loved ones waiting, not sure if their loved ones are OK. They can’t contact them because there’s no cellphone connections. Many more folks displaced with no idea when they’ll be able to be returned to their home, if ever, if there’s a home to return to. I’ve directed my team to provide every available resource as fast as possible to your communities to rescue, recover and to begin rebuilding. In addition to FEMA, it includes the Federal Communications Commission to help establish communications capability. The National Guard, the Army Corps of Engineers and the Department of Defense are going to provide all the resources at its disposal to rescue and assist in clearing debris and delivering life-saving supplies. So far, that’s over 3,600 personnel deployed. That number is growing by the day. As president, I’ve seen firsthand the devastating toll that disasters like this take on families and communities. I’ve been on the ground in many disaster areas since I’ve been president. I’m here to tell every single survivor in these impacted areas that we will be there with you as long as it takes.

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Recent episodes in Extreme Weather

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Harris campaign 'underwater' in key battleground state, Dem rep warns donors

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Harris campaign 'underwater' in key battleground state, Dem rep warns donors

Democratic Michigan Rep. Elissa Slotkin, who is running for a Senate seat this cycle, recently warned donors that Vice President Kamala Harris’ campaign is “underwater” in the key battleground state, according to a report. 

“I’m not feeling my best right now about where we are on Kamala Harris in a place like Michigan,” Slotkin told donors during a virtual campaign event with Democratic New Jersey Sen. Cory Booker last Wednesday, according to Axios. 

“We have her underwater in our polling,” Slotkin added, according to audio Axios obtained from the event. 

TRUMP NARROWS HARRIS’ SMALL LEAD IN BATTLEGROUND MICHIGAN, WISCONSIN, POLL FINDS

Rep. Elissa Slotkin, D-Mich., who is running for Senate, is reportedly concerned President Biden being atop the ticket will keep her from wining the state’s open seat.  (Brandon Bell/Getty Images)

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Latest polling shows former President Donald Trump closing in on Harris in the key battleground states of both Michigan and neighboring Wisconsin. Harris received 48% of support among likely Michigan voters in a New York Times/Siena College poll this week, while Trump garnered 47% support in the poll — effectively locking the pair in a tie well within the poll’s margin of error. 

‘HE IMPREGNATED HIS KID’S NANNY’: PSAKI RIPPED AFTER CLAIMING EMHOFF ‘RESHAPED’ MASCULINITY

Kamala Harris and Elissa Slotkin split image

Rep. Elissa Slotkin reportedly told donors that Michigan, one of the most important swing states that will likely determine the 2024 presidential election, is showing low enthusiasm for Vice President Harris. (Getty Images)

A USA TODAY/Suffolk University poll of likely voters in the Great Lake State released last week found Harris was up three points over Trump. That poll had a 4.4% margin of error.

ROGERS ADDRESSES ABORTION AMID SLOTKIN ATTACKS: ‘MICHIGAN VOTERS HAVE ALREADY DECIDED’

Michigan is once again a key battleground state this year, as Harris and Trump zigzag campaign events across the state, as well as in other key states such as Pennsylvania, Georgia and Wisconsin. 

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Kamala Harris closeup shot

US Vice President Kamala Harris during a campaign event at the Philip Chosky Theatre in Pittsburgh, Pennsylvania, US, on Wednesday, Sept. 25, 2024. (Rebecca Droke/Bloomberg via Getty Images)

The Axios article noted that if Trump secures votes from the Sunbelt States across the southern portion of the U.S., he would only need to win either Michigan, Wisconsin or Pennsylvania to declare victory. While Harris’ easiest path to victory is locking down Michigan, Wisconsin and Pennsylvania.

Trump won Michigan in his 2016 election against former Secretary of State Hillary Clinton by a 0.23% margin. President Biden won by 2.78% in the state in 2020 when he faced off against Trump. 

TRUMP-ENDORSED HOUSE CANDIDATE SOUNDS ALARM ON CHINA’S GROWING INFLUENCE IN BATTLEGROUND STATE

Donald Trump in closeup shot

Republican presidential nominee former President Donald Trump listens at a town hall campaign event at Macomb Community College, Friday, Sept. 27, 2024, in Warren, Michigan. (AP Photo/Alex Brandon)

Slotkin, who has served in the U.S. House since 2019, announced her Senate run last year after Democratic Sen. Debbie Stabenow said she would not seek re-election. Her remarks that Harris is “underwater” in Michigan could have been campaign rhetoric to drum up donations, but the campaign did not immediately respond to Fox News Digital’s inquiry for additional comment on the campaign event.

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Fox News Digital also reached out to the Harris campaign for comment on the report, but did not receive a reply. 

Get the latest updates from the 2024 campaign trail, exclusive interviews and more at our Fox News Digital election hub.

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How, when and where to watch the Vance-Walz vice presidential debate

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How, when and where to watch the Vance-Walz vice presidential  debate

CBS News is hosting the debate between Ohio Sen. JD Vance and Minnesota Gov. Tim Walz — two vice presidential hopefuls facing each other Tuesday night.

The two will champion their running mates — former Republican President Trump and Democratic Vice President Kamala Harris — as part of their final pitch to voters, just over a month from election day.

Vance, known for his memoir, “Hillbilly Elegy,” served in the Marine Corps before moving to San Francisco and working as a venture capitalist. He returned to his home state of Ohio, where he was elected senator in 2022.

Walz was born in Nebraska and moved to Minnesota as an adult. He served for 24 years in the Army National Guard and as a high school teacher and football coach. He served as a representative in Congress for 12 years before being elected to two terms as governor of Minnesota.

The two will meet at the CBS Broadcast Center in New York for the debate. No audience will be present.

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When is the debate?

The debate begins at 6 p.m. PDT.

It will run for 90 minutes, with two four-minute breaks.

How can I watch it?

CBS will be airing the debate on all of its platforms — the CBS Television Network, Paramount+, CBS News 24/7, CBSNews.com and YouTube.

Most other major networks will air the simulcast of the debate.

Who are the moderators?

CBS News anchor and managing editor Norah O’Donnell, along with “Face the Nation” moderator and chief foreign affairs correspondent Margaret Brennan will moderate.

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How will it work?

In the previous two presidential debates — the first between Trump and President Biden and the second between Trump and Harris — the mechanics of the debate became a heated topic between the two campaigns.

The network said that moderators “reserve the right to turn off candidate microphones.” Otherwise, both candidate microphones will be live.

Each candidate will get two minutes to answer and two minutes to respond to a question. They’ll each get one minute for rebuttals.

Moderators will not fact-check live, but the New York Times reported that CBS plans to have a QR code displayed prominently throughout the debate. The code will send viewers to CBS’ website, where CBS journalists will be fact-checking in real time.

Vance won a coin toss and chose to give the final closing statement.

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