“David Lee Judd faces felony charges for his alleged involvement in the Capitol riot. He now asks the Court to compel production of internal Government communications about its charging decisions. He argues that the Government has prosecuted him – a conservative – more harshly than liberal defendants accused of similar behavior during the riots that plagued Portland in the summer of 2020. Although he raises some troubling patterns in the Portland prosecutions, Judd has not shown that he is similarly situated to those defendants… He cannot do so.”

“Although both Portland and January 6 rioters attacked federal buildings, the Portland defendants primarily attacked at night, meaning that they raged against a largely vacant courthouse. In contrast, the January 6 rioters attacked the Capitol in broad daylight. And many entered it. Thousands of congressional staffers walked the Capitol’s corridors that day. So did hundreds of legislators and the Vice President, all of whom appeared for a constitutionally mandated proceeding. Putting aside any claims that January 6 rioters sought to tear down our system of government (an allegation not made against Judd), their actions endangered hundreds of federal officials in the Capitol complex. Members of Congress cowered under chairs while staffers blockaded themselves in offices, fearing physical attacks from the rioters” writes DC Federal Judge Trevor McFadden – a Trump appointee – in his opinion rejecting Judd’s lame attempt to have various charges incurred during the Capitol riot against him dismissed.