Judge McFadden has been notably more antagonistic to the DOJ's #CapitolRiot cases than even other Republican-appointed judges on the D.C. District Court. Nevertheless, this is still a federal judge saying it's plausible some rioters were allowed into the building.
https://twitter.com/JordanOnRecord/status/1511786873231978496
It may not matter too much in the long run unless you're a similar misdemeanor defendant who's happened to draw Judge McFadden for your case. But it could impact the DOJ's decision on whether to oppose bench trials going forward.
Unlike a jury trial, you do not have an absolute right to a bench trial. Prosecutors can object. DOJ may still be inclined not to, though, because they're generally much faster than jury trials.
No, other judges on the D.C. District Court aren't obligated to abide by Judge McFadden's ruling here. But they will take it into account, and other defendants can cite it in their briefs.
https://twitter.com/jocejocejoe/status/1511795697770713095
Unless prosecutors can show a defendant was never in actual jeopardy — i.e. that the defendant bribed or blackmailed or otherwise influenced a judge unlawfully — the government cannot appeal an acquittal.
https://twitter.com/Razerbadjan/status/1511799309334941706
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