By Clarice Feldman
Prosecutors in the cases against the January 6 demonstrators are starting to run into some judicial pushback: Questions about exculpatory evidence in their possession not turned over as the law demands, lower courts assessing the defendant as more dangerous than the evidence warranted, and most significantly, whether the prosecution is overcharging defendants with the federal crime of obstruction.
Most of the defendants are charged with knowingly entering or remaining in a restricted area — a fancy way of saying trespassing. …
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