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THREAD: We all follow the big legal cases that entangle A-list celebrities and influential government officials. But sometimes you can learn even more from the cases that almost no one is watching. Here's one incredible example from a hearing today in DC federal court.
The two-hour detention hearing touched on just about everything.... the criminal justice system, our current political climate, social media, severe mental illness issues, the health care system in this country, ad so much more.
A man in his 20s was charged with 18 U.S.C. § 871, threatening to kill the President of the United States. He posted these violent threats on Facebook, including: "Make America Great Again, kill Donald Trump" and also "Donald J. Trump, I am going to kill you for my flag."
After telling federal agents that he wrote the threatening posts, the man was easily indicted by a grand jury in April, and he's been in jail ever since. The case is working its way through the legal system before trial. At today's hearing, he was wearing an orange jail uniform.
Before we get deeper, some context: The Secret Service is tasked with initially investigating any threats against the president. The Justice Department says that 75% of all the people encountered during those investigations suffer from mental illness. justice.gov/jm/jm-9-65000-…
Back to today's hearing. The question on the table: Should this man remain in jail before his trial for threatening Trump?
Federal prosecutors said YES, he should stay in jail, for many reasons: His alleged crimes were violent threats that endangered the community, he smokes marijuana daily, he suffers from severe "mental health issues" and has walked away from treatment in the past.
The DOJ prosecutor also said that if the defendant is released from jail, he might be susceptible to "more and more outbursts based on what he is seeing in the news" because he "gets angry while watching the news — especially politics."
The defense attorney argued that his client should be released to receive psychological treatment. The lawyer said the threats were outbursts to get attention from friends, there were "no weapons found" at his house, and he is "simply not getting treatment" he needs in jail.
The man’s mother, a PhD in Soviet history, took the stand to testify in support of his release. She said she was lining up options where he could get comprehensive mental health treatment. She said her son's condition is not easily diagnosed, and "simply, his brain is on fire."
She testified that her son has gone through "several episodes of psychosis" and can get "completely agitated about politics." Still, she said he's capable enough to call 911 on his own accord when he needs medical help and she's out of town.
Prosecutors pressed the mom on whether any programs had committed to taking her son. "There's a catch-22," she said. "No hospital will take him without examining him themselves," and he's been in jail since April. Nonetheless, she was prepared with some options for treatment.
After a brief recess, the magistrate judge gave her decision. Prosecutors did NOT demonstrate that the defendant needed to remain in jail, she said. He would be released into the custody of his mother, who would initiate his enrollment in a mental health program within 3 days.
The case is far from over. He will leave jail tonight and now his mom is legally required to secure his treatment program over the weekend. He is still accused of two federal crimes that could carry a maximum prison sentence of 10 years. He has pleaded not guilty.
And by the way, this entire hearing played out literally at the same time Felicity Huffman was sentenced for her role in the college admissions scandal. One hearing unfolded in DC, another in Boston, yet both were part of the same legal system. / END
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