The Biden DOJ decided that a different process should be used with regard to the class of January 6 “tourist protesters” whose actual conduct is not different in any meaningful way from the typical political protests that regularly take place in Washington DC.

That is the change in policy that reflects an abuse of the criminal justice system by the Biden DOJ based on a political point of view.

That is where the Biden DOJ is vulnerable to a legal attack.

The arrests and handling of the “Green New Deal” protesters is a problem for Biden DOJ because by employing the “post and forfeit” process for them, the Biden DOJ has now bookended its abusive treatment of the January 6 “tourists protesters” in such a fashion that the argument can be made that the Biden DOJ has not changed the procedures for how political protesters are handled — except for the January 6 “tourist protesters”. That opens them up to a legal challenge that the handling of the January 6 “tourist protesters” is based on the political point of view that was being expressed that day, not because of what they actually did. What they actually did — being in a place they weren’t allowed to be — is not different than what the “Green New Deal” protesters did yesterday.

This allows defense attorneys to legitimately argue — and I believe one or more district court judges will be receptive to — that the January 6 “tourist protesters” are actually being punished because they were present in the Capitol at the same time others were engaged in violent or destructive acts. The harsh treatment they are being subjected to by the Biden DOJ is nothing more than an improper and illegal assertion of “collective” guilt imposed on individuals based on the conduct of others when there is no conspiratorial crime alleged.