Makes dubious attempts to liken the Capitol riot to last year’s violence in Portland, Ore.
The reason, Mr Broden said, was politics.
“Most, if not all, of Portland’s dismissal, offers of pretrial diversion, and pleas for a significantly reduced fee came after the transition from a Republican administration to a Democratic administration running the Justice Department,” he wrote.
Prosecutors disputed Broden’s calculations as a preliminary case, arguing that they contained “mistakes”, but the government’s filing also sought to make a broader point that 6 January compared to weeks of turmoil in Portland. was more at stake in Washington.
Mr Miller, prosecutors noted, was “part of the mob” that “violated the Capital Building, and attacked law enforcement with the goal of obstructing congressional certification of the 2020 presidential election.” The defendants in Portland, he pointed out, never actually entered the courthouse and never disrupted proceedings before Congress.
Prosecutors also argued they had better evidence against Mr Miller – and hundreds of other rioters charged in connection with January 6 – than they ever managed to gain against protesters in Portland.
In the days following the Capitol attack, court papers say, Mr Miller posted messages on Facebook, talking about a possible civil war and the collapse of the economy, and suggesting he could take firearms to Washington. On the day of the riots, the papers say, surveillance videos show him pushing past officers and entering the Capitol, while others show him confronting police in a “fighting stance with one leg in front of the other”. .
In addition, prosecutors say, in the days following the riots, Miller posted messages on Twitter threatening to “murder” Representative Alexandria Ocasio-Cortez, a Democrat from New York. He has also been accused of threatening the officer who fatally shot a woman in the Capitol, Ashley Babbitt, on Instagram by posting a photo of a noose and writing “he’ll swing.”
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