A federal judge dismissed a charge Thursday against a man for an act allegedly committed during the January 6, 2021, Capitol riot.
U.S. District Judge Timothy Kelly, a Trump appointee, rejected the government claim that former Drug Enforcement Agency employee Mark Ibrahim lied to the government. The dismissed charge was one of four counts a Washington, D.C., federal grand jury indicted him for January 8, 2021.
The Epoch Times further reported:
The charge said that Ibrahim “did willfully and knowingly make materially false, fictitious, and fraudulent statements and representations in a criminal matter in the District of Columbia” by telling a government agent that he did not knowingly expose his firearm and DEA badge while on Capitol grounds.
Ibrahim said he had his badge and firearm on his person on Jan. 6 but said they were “never exposed,” adding, “not that I know of,” according to a partial transcript of the interview released by Ibrahim’s lawyer.
Ibrahim was in California and speaking on March 15, 2021, to a federal investigator who was in Virginia.
In the motion to dismiss, Ibrahim’s counsel noted that neither party was in Washington but the charge was filed there. Marina Medvin, the lawyer, said that “the District of Columbia is not the proper venue for a statement that was made in California.”
She also said her client had not made a false claim in connection with a “criminal matter” or a material false claim.
Government prosecutors in an opposition motion included images that showed Ibrahim pulling aside his jacket to expose his badge and gun and said it was appropriate to file the charge in Washington because Ibrahim ” made false statements about events that transpired in the District of Columbia, and he made those statements to an agent as part of a federal investigation in the District of Columbia.”
Kelly sided with the defense and dismissed the count, according to the docket for the case.
Defendants have rarely won such motions in Jan. 6 cases.
“I hope that defense-favorable outcomes become the norm as opposed to the exception in J6 cases. I won’t be discussing the details of any case until the case is entirely resolved, so I won’t be commenting on the result,” Medvin wrote on Twitter.
Kelly also rejected the attempts to dismiss two other counts.
One said that Ibrahim entered and remained on restricted grounds, or Capitol grounds, while then-Vice President Mike Pence and then-Vice President-elect Kamala Harris were present. But authorities have for months acknowledged that Harris was not in or near the Capitol.
Kelly kept the charge but allowed the government to strike the portion referencing Harris. He also denied the request to dismiss a charge of possessing a firearm on Capitol grounds.
The next status conference for Ibrahim, who remains free on personal recognizance, is slated to take place on Nov. 30.
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