By Sarah N. Lynch

WASHINGTON (Reuters] – Monday’s request by federal prosecutors for a dismissal of criminal charges against a Capitol riots indictment and his release from jail was rare. The judge admitted that the Justice Department had violated his constitutional right to a speedy hearing.

The prosecutors also asked for permission to recuse the criminal charges.

The filing stated that prosecutors made an error by not obtaining an indictment of criminal information or an arrest warrant against Lucas Denney, a Texas resident, within thirty days after his December 13, 2021, arrest.

Denney, who was also charged with resisting and assaulting police, obstruction of law enforcement during civil disorder, and obstruction of an official proceeding were among the other charges.

He was held in prison for several months before the government indicted him. This happened two days after the defense attorneys had filed a formal petition to have the charges dropped and his release granted.

Despite numerous unsuccessful attempts to make one, Denney didn’t appear in court during this period.

Prosecutors wrote Monday that the government had not complied with Speedy Trial Act requirements in the case. “But, there are no indications of bad faith, neglect or anything more than an isolated incident due to a variety of unfortunate factors.”

It has been difficult for the Justice Department to keep up the pace of its sprawling investigation into Jan. 6, 2020, attack on U.S. Capitol perpetrated by Donald Trump’s supporters in an attempt to prevent President Joe Biden winning his election.

More than 775 individuals have been charged to date.

According to media reports, last week, an American magistrate judge chided the Justice Department about biting off more than it could chew and said it shouldn’t bring too many cases if they don’t have enough resources.