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Monday, November 4, 2024

DOJ’s ‘Unorthodox’ Move to Seize J6 Woman’s Phone Rebuffed by Judge

'Going to another court to seek a more favorable outcome from a judge of coordinate jurisdiction is no one of the options...'

(Luis CornelioHeadline USA) The Biden-led DOJ has gone to extraordinary lengths in an unsuccessful attempt to gain access to the cellphone belonging to a woman accused of entering the U.S. Capitol on Jan. 6. 

On Tuesday, attorney and congressional candidate Anthony Sabatini accused the DOJ of employing “unorthodox” tactics in their pursuit of a warrant for the phone of his client, Isabella Maria DeLuca. 

DeLuca, a social media personality, currently faces federal charges related to her alleged role in the Jan. 6 protest. The DOJ possesses her cellphone but requires a warrant to access its contents

Federal prosecutors made an unsuccessful bid for a warrant for DeLuca’s cellphone in Orange County, California. 

Following the denial in that jurisdiction, the DOJ then “shipped” the phone to Washington, D.C., a city known for its liberal leanings, Sabatini wrote on Twitter. 

Sabatini asserted that this move was an attempt to secure a more favorable ruling.

However, U.S. Magistrate Judge G. Michael Harvey promptly dismissed the warrant application and scolded federal prosecutors for circumventing the rejection in California by seeking a warrant from a different venue.

In his ruling, Harvey emphasized that if a lower judge denies their request, prosecutors must seek review “through the customary, hierarchical appellate process.” 

Criticizing the DOJ’s maneuver, the judge remarked, “Going to another court to seek a more favorable outcome from a judge of coordinate jurisdiction is no one of the options. Yet that is what the United States Attorney for the District of Columbia done here.” 

Later in his order, Harvey asserted that the DOJ had not “established probable cause to believe that that the target device” contains potential evidence related to the federal charges arising from the January 6 protest. 

DeLuca was arrested in March 2024 on misdemeanor charges of theft of government property, disorderly conduct, and entering a restricted area. 

Headline USA attempted to reach out to DeLuca and Sabatini for comments on Tuesday evening but given the late-night publication of this piece (11:00 PM EST), a response was unlikely. 

The warrant request comes amid the DOJ’s heightened persecution of individuals allegedly involved in the events of Jan. 6. 

The aggressive crackdown of pro-Trump demonstrators on that day sharply contrasts with the DOJ’s neglect to prosecute the violent instigators and looters linked to the leftist unrest of 2020. 

Former President Donald Trump, now striving to reclaim the White House in 2024, has vowed to grant pardons to those unjustly targeted by the Biden-led DOJ. 

“They were unbelievable patriots,” Trump affirmed during an Ohio rally, praising those who protested after the 2020 election.

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