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Garret Miller also tweeted « Assassinate AOC » after the January 6 uprising. (Warning: This article contains graphic racist language.)
By
Zoe Tillman
Posted on April 1, 2021 at 6:06 pm ET
Tear gas is released into a crowd of rioters, one of whom is carrying a Confederate flag with a gun that reads « Come and Take It » on January 6th.
WASHINGTON – A man from Texas who is charged with participating in the January 6 riot will remain in jail pending trial, a judge ruled Thursday after threatening MP Alexandria Ocasio-Cortez and a U.S. Capitol police officer after the riot.
Garret Miller is accused not only of participating in the uprising and defying officers at the Capitol, but also of making a number of threats in the hours and days that followed. In response to a January 6 tweet from Ocasio-Cortez about the charges against former President Donald Trump, Miller replied, « Assassinate AOC. » He later sent a series of messages on various social media platforms threatening to lynch the unidentified U.S. Capitol police officer who fatally shot Ashli Babbitt during the uprising.
Miller believed that the officer is black, according to a new court motion from the prosecutor earlier this week. His messages about the cop included « He is a price to be taken » and « He will swing ». . . . I had a rope in my pocket that day. « The Capitol Police have not yet released any information about the officer.
» We will grab him and hug his neck with a nice rope, « Miller wrote in a Facebook chat on Jan. 18, the government said. </ Black Capitol police officers described the racist threats and ill-treatment they faced from the predominantly white insurgent crowd that came to the Capitol on Jan. 6, including the repeated N-word designation. Earlier this week, two Black Capitol police officers filed a civil lawsuit against Trump, claiming he was personally responsible for inciting the riot. Both officers suffered physical and emotional injuries and a "lost count" of the number of times he was referred to as a racist slur according to the complaint by rioters.
Miller has been in custody since his January 20 arrest and had a judge earlier this month asked to reconsider a federal judge’s original detention order and to release him pending trial. At a hearing on Thursday, Miller’s attorney F. Clinton Broden argued that while Miller’s post-riot messages were « worrying, » there were strict release conditions that could keep the community safe, such as placing him under house arrest and 24 hour surveillance. He also noted that Miller was not accused of attacking the police or using weapons during the riot and had not responded to any of his online threats prior to his arrest ordered him to remain in prison, attaching particular importance to Miller’s « specially formulated and articulated plans » to track down and kill a Capitol police officer. When Nichols announced the decision immediately after hearing the arguments, he read out some of the threatening messages the government cited behind bars in its brief advocacy for Miller.
Nichols said it was true that Miller was not because of the same Levels of violence were charged, like some people arrested after January 6th, but evidence also shows that he was not « suddenly swept into the crowd » that day. The government presented Facebook messages Miller posted before Jan. 6 talking about bringing tactical gear – including a bulletproof vest and grappling hook – and weapons to DC. There is no evidence that he actually brought firearms to the Capitol, and he has not been charged for it.
The government had also argued that Miller’s messages and behavior after Jan. 6 showed no remorse for participating in the uprising . When he was arrested, according to court records, he was wearing a t-shirt with a picture of Trump along with the text « Take America Back » and « I was there, Washington DC, January 6, 2021 ».
The vast majority of Individuals accused of joining the crowd of hundreds of Trump supporters who descended on the Capitol were allowed to go home while their cases are pending. Prosecutors have focused their custody battles on cases involving assault on police officers, property destruction and allegations that people have taken leadership and conspired in advance to commit violence or prevent Congress from seeing the results of the Confirm presidential election.
The US law firm in Washington, which is prosecuting the January 6th cases, recently suffered a setback in its efforts to keep some of the accused in jail. The US Court of Appeals for the DC Circuit issued a ruling last week that made it difficult for prosecutors to win pre-trial detention in cases where there were no specific allegations of violent activity and an ongoing threat to the community.
Broden cited that ruling on Thursday, as a number of defendants did over the following days to challenge her detention, but it ultimately did not help Miller’s case. He did not immediately return a request for comment.
Zoe Tillman is a senior legal reporter for BuzzFeed News and is based in Washington, DC.
An investigation by BuzzFeed News in collaboration with the International Consortium of Investigative Journalists based on thousands of documents the government didn’t want to see.
Ref: https://www.buzzfeednews.com
