Carl Nichols, a federal judge appointed by former President Donald Trump, has declined further examination of a charge raised by an accused Capitol rioter alleging that federal officials should also arrest racial justice protesters from Portland, Oregon for committing similar crimes against the government.
The accused rioter, Garret Miller, claimed that he was the victim of "selective prosecution." As proof, Miller pointed to the Department of Justice's decision not to issue mass prosecutions against Black Lives Matter (BLM) and anti-fascist (Antifa) rioters involved in demonstrations in Portland, Oregon during summer 2020.
Miller asked the court to compel discovery and grant an evidentiary hearing on his claim. In other words, he wanted additional time to explore his claim and then hold a court hearing to lay out his case of "selective prosecution."