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Monday, November 25, 2024

Jan. 6 Defendant Wins Case—At a Hefty Cost

'This case cost me well into 6 figures to defend, and hundreds and hundreds of hours of my time—which is, of course, the whole point ...'

(Ken Silva, Headline USA) A defendant in a massive civil lawsuit over the events of Jan. 6, 2021, has won his case more than two years later and some $150,000 spent.

The defendant, Jan. 6 protestor and pro-Trump social media influencer Brandon Straka, was one of 20 defendants named in a lawsuit filed by black and brown Capitol Police officers who say their civil rights were violated on Jan. 6.

Those officers accused Straka of causing them injury by helping plan and participate in the Capitol Hill protest-turned-riot.

The problem is, according to Straka, his actions on Jan. 6 were entirely peaceful. He was sentenced to three years probation in January 2022 for disorderly conduct on Capitol grounds.

“The case entered discovery, where we gathered evidence that conclusively showed that none of these officers were even on the side of the building I was on during my brief time on Capitol grounds,” Straka said on Twitter this week. “One of the plaintiffs was in Maryland at the time I was there.”

In January, a district judge agreed with Straka.

“Plaintiffs have not alleged sufficient facts to establish Straka was part of the conspiracy. Straka’s alleged conspiratorial acts primarily involve protected First Amendment activities … Unlike other Defendants, Plaintiffs do not allege that Straka planned and prepared with others to come to Washington, D.C., on January 6th,” the judge said in a January opinion.

“And, although Plaintiffs allege that Straka encouraged unidentified individuals to attack the Capitol building, they do not contend that he engaged in those acts as part of any group or organized effort. These allegations are not enough to plausibly plead Straka as a participant in a conspiracy.”

Plaintiffs had time to amend their complaint against Straka, but the defendant’s lawyer threatened them with sanctions if they continued to pursue frivolous litigation. Apparently the plaintiffs’ lawyers took heed of the threat, as a judge ordered the case against Straka dismissed once and for all in October.

But Straka said the legal battle cost him dearly.

“This case cost me well into 6 figures to defend, and hundreds and hundreds of hours of my time—which is, of course, the whole point,” he said. “The left has weaponized our legal system, turning Democrat majority districts into a playground where they can abuse the process to harm those who get in the way of their political agendas.”

Meanwhile, the other defendants in the lawsuit—including Donald Trump, Roger Stone and members of the Proud Boys—continue to litigate. A filing last week said that one of the defendants, Russell Taylor, is in settlement negotiations with plaintiffs.

Ken Silva is a staff writer at Headline USA. Follow him at twitter.com/jd_cashless.

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