On March 4, former political appointee at the State Department Federico Klein was arrested in connection with the January 6 insurrection (see Three Current/Former @StateDept Employees Float to the Top in Crowded Bad News Cycle). Klein is really going to be unhappy with his continued accommodations at the D.C. jail. On March 9 the DOJ filed its memo in support of pre-trial detention and the judge agreed to keep him in custody. Excerpt below from the pre-trial detention memo:
The dangerousness of Klein’s participation in the mob that day is only heightened by the fact that, at that time, he was an employee of the Department of State, with an obligation to uphold the Constitution. By law, federal employees are required to take an oath of office, swearing to “support and defend the Constitution of the United States against all enemies, foreign and domestic…” 5 U.S.C. § 3331. Presumably, Klein took that same oath of office when he entered federal employment. Despite his oath to support and defend the Constitution, Klein demonstrated his contempt for that oath, the legitimate functions of the government, and for the Constitution itself when he assaulted officers in an attempt to stop the certification of a lawful election. By his actions on January 6, 2021, Klein abdicated his responsibilities to the country and the Constitution. Despite the trust the country and government placed in Klein’s character, stability, trustworthiness, reliability, discretion, honesty, judgment, and unquestionable loyalty to the United States,5 Klein’s behavior revealed that his true allegiance lies elsewhere. Rather, Klein’s actions established that his own personal beliefs override the rule of law and that he will use violence in an attempt to halt the legitimate functions of the United States government with which he disagrees. Such blatant disregard of the law and the authority of a lawful government, along with his indifference to keeping his own commitments – even when made under oath – weigh in favor of detention. If Klein is unwilling to obey orders while in full view of law enforcement, or to conform his behavior to the law even when he disagrees with it, despite his oath to the Constitution, it is unlikely that he would adhere to this Court’s directions and release orders.
The criminal complaint dated March 2, 2021 charged Klein with the following:
18 U.S.C. § 1752(a)(1) – Knowingly Entering or Remaining in any Restricted Building or Grounds Without Lawful Authority,
40 U.S.C. § 5104(e)(2) – Violent Entry and Disorderly Conduct on Capitol Grounds,
18 U.S.C. § 1512(c)(2) – Obstruction of Justice/Congress,
18 U.S.C. § 231(a)(3) – Obstruction of Law Enforcement During Civil Disorder,
18 U.S.C. § 111(a)(1) – Assaulting, Resisting, or Impeding Certain Officers,
18 U.S.C. § 111(b) – Assaulting, Resisting, or Impeding Certain Officers Using a Dangerous Weapon
Klein's charging docs: https://t.co/uhuZ0TvX8x
Govt's brief arguing for detention: https://t.co/Oq7g662mCp
— Zoe Tillman (@ZoeTillman) March 9, 2021
Federico Klein took an oath to defend the Constitution and then “switched sides,” the judge said on Tuesday. https://t.co/lQDzb5N0dL
— BuzzFeed Politics (@BuzzFeedPol) March 10, 2021
"There were enemies at the heart of American democracy, and a person who swore an oath switched sides," the judge said of Federico Klein, an ex-State Dept. staffer. https://t.co/gkCAvU7WTb
— USA TODAY Politics (@usatodayDC) March 9, 2021
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