U.S. District Judge Trevor McFadden became the first federal judge to acquit a defendant of a charged felony for his participation in the January 6th Republican-led domestic terrorist attack on Congress, acquitting two defendants of felony charges of obstruction of an official proceeding, NBC News reports.
While he found all three defendants before him guilty of other serious crimes including assault, McFadden acquitted two of the men on the felony obstruction charges. A Trump appointee, McFadden in April completely acquitted an earlier defendant of misdemeanor charges, the first judge to do so, and so far the only judge to do so.
Patrick McCaughey, Tristan Stevens and David Mehaffie each faced felony counts of assaulting, resisting or impeding officers and aiding and abetting; obstruction of an official proceeding; and civil disorder. Mehaffie and Stevens were acquitted on the obstruction charges; they were found guilty of all other counts.
McFadden, a former police officer before going to law school and eventually becoming a federal judge, chided Metropolitan DC Police Officer Daniel Hodges, known for video of him getting crushed in between two doors, and U.S. Capitol Police Sgt. Aquilino Gonell, who suffered such severe injuries he had to retire, saying the pair acted more like victims than witnesses when they testified.
The fact that McFadden has been the only federal judge so far to acquit January 6th defendants of any charges–while the Department of Justice has not lost a single charge filed that’s been brought to a jury–may lead some of the hundreds of pending defendants to ask for a bench trial instead of a jury trial.