by Julie Kelly
D.C. District Court Judge Trevor McFadden Wednesday delivered a major blow to the Justice Department’s aggressive prosecution of January 6 protesters. Following a bench trial this week for Matthew Martin, a New Mexico man charged with the most common misdemeanors related to the Capitol protest, McFadden found Martin not guilty on all counts. It is the first acquittal in a January 6 case; nearly 800 Americans have been arrested and charged, mostly on petty offenses, for their involvement in the four-hour disturbance that day.
Martin was arrested a year ago on four counts: entering and remaining in a restricted building, disorderly conduct in a restricted building, violent entry, and parading in the Capitol building. Prosecutors confirmed he was in the building for roughly 10 minutes.
He pleaded not guilty and opted for a bench trial before McFadden, a Trump appointee. Taking the stand in his own defense, Martin said he was “waved” into the building by Capitol police. According to BuzzFeed’s Zoe Tillman, who is covering the in-person trials in Washington, an official for the U.S. Capitol Police testified that police “were so vastly outnumbered and couldn’t stop people [and] all they could do was observe [and] try to make sure no one got hurt.”
Calling Martin’s conduct “minimal and non-serious,” McFadden found it “plausible” that Martin was allowed into the building and did not realize the grounds were off-limits to the public.
McFadden’s ruling could impact pending cases and plea offers since a government witness confirmed for the first time under oath that police stood by as people entered the Capitol. The next trial for a January 6 defendant facing the same charges is scheduled for April 13 when Russell Dean Alford will appear before Judge Tanya Chutkan, an Obama appointee.
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Julie Kelly is a political commentator and senior contributor to American Greatness. She is the author of January 6: How Democrats Used the Capitol Protest to Launch a War on Terror Against the Political Right and Disloyal Opposition: How the NeverTrump Right Tried―And Failed―To Take Down the President. Her past work can be found at The Federalist and National Review. She also has been featured in the Wall Street Journal, The Hill, Chicago Tribune, Forbes, and Genetic Literacy Project. She is the co-host of the “Happy Hour Podcast with Julie and Liz.” She is a graduate of Eastern Illinois University and lives in suburban Chicago with her husband and two daughters.
