Thread by @innercitypress

OK - now detention hearing of Cleveland Grover Meredith in DDC for Jan 6 - and DC cites a Jan 7 assault. Inner City Press 1st reported the case Jan 8 & yesterday innercitypress.com/ddc4ameredithi… & will live tweet - thread. Song: #insurrectionBlues soundcloud.com/innercitypress…

Judge Harvey: This is a threshold issue.
AUSA: Interstate threats can constitute a crime of violence.
Meredith's defense lawyer: The three cases they cite are inapposite. The 2013 case is no longer applicable after Supreme Court decisions in 2019.

Judge Harvey: Let me address the threshold issue. I'll skip to the conclusion. I'm going to rule for the government. But I'd like to make a record.

Judge: What the defendant is charged will must fall into one of the 3142(f) factors. So the government has to assert a crime of violence under the Bail Reform Act. It's defined as an offense using the threat of physical force. [more legalese coming]

Judge: ... Section 875(c) criminalizes interstate communication of a threat of violence or to kidnap.
[Citing cases on Westlaw, privatization of legal precedents]
Judge: Does the threat to kidnap qualify as a crime of violence? Some cases say no, puzzling laymen

Judge: A person could be kidnapped through trickery. The DC Circuit has not addressed that. The 5th has, & 8th Circuit in Roth (2020). But this is not a kidnapping case - it's a threat case. Every threat case involves violence.
[Without this, Meredith walks out]

Judge: Kidnapping by trickery scenario wouldn't happen in the real world. I conclude that the communicated threat is a crime of violence, & hence detention eligible. Now, let's hear the government on the four factors.
Defense: I still don't have financial affidavit

Judge: File it by close of business tomorrow.
Defense: I also have another status conference at 3:45 pm.
Judge says tell other judge to wait. Now, the issue of confidential health issues arises. They want a break-out room.
[This could have been done in writing]

Now they are arranging to take this public proceeding private, or sealed, apparently about Meredith's medical issues that militate for release.
"You are now in a break-out session."
"You are now in the main session."
Then, "You are now in a break-out session."

While awaiting return of judge and lawyers (and Meredith?) note that the memo for release, 10 pages, didn't have anything redacted. This allegedly confidential medical info arguing for release could have been put in it writing, rather than this "break out" ...

Inner City Press put the release memo online: beta.documentcloud.org/documents/2045…

Maybe it goes without saying, but is this shielded "break out" session being transcribed by a court reporter, so that the sealing could be meaningfully challenged? Or one is supposed to reply on the Magistrate Judge to decide to unseal. But is that reviewable?

Anyway, "you are back in the main session."
Judge: OK government, go right ahead.
AUSA: There are no condition that will assure the community's safety, and return. He remained in DC and made multiple threats, including to Nancy Pelosi and the DC mayor...

AUSA: This misogynistic rhetoric... He sent a text message he was headed to DC for target practice. He said he took steps how to accomplish his goal, the best way to assault the city. He relished carnage. He said the mayor was stupid for calling it terrorism

AUSA: There are text he wanted to stay a day later to, quote, F*ck with the Commies. He took steps to see these threats through. They are not protected by the First Amendment. He told officers he knew he had crossed the line. He booked a hotel room.

AUSA: He had an automatic rifle used by the Israeli military. He went so far as to apply duct tape to the magazine to more quickly fire bullets. He arrived day late --
Judge: That's the irony, isn't it? Why wasn't he hear on the 6th?
AUSA: His car broke down.

AUSA: Even late, he tried to accomplish his nihilistic goals. This violent rhetoric, it was fortunately discovered before it went further. The texts speak for themselves. He attended Governor Kemp's rally - ok, it is an open carry state, but...

AUSA: He's acknowledged drug use, on the night of the offense. That day, prior to this offense, along the same time, at 3 pm he assaults a resident of the city, in a road rage issue. [That is not to be found, at least not yet, on the DC Court's website]

AUSA: That just goes to show the mental state that he was in. The fourth factor, danger to the community, our final point is this is someone who is under the spell of the Q-Anon... He won't follow any conditions of release.

AUSA: He follows that ideological conspiracy theory movement.
Judge: Defense?
Defense: He's a father of two. The text messages were in jest, to friends, and not posted online. An individual said, Im' worried about you. He replied, LOL I'm just having fun.

Defense: He'd came to DC in November for a rally. It was a lot of fun. People were friendly. This time, when they came to his hotel room, he was friendly, he answered questions without an attorney present. He is remorseful.

Defense: The government's own evidence say that as he got close to DC he released he couldn't have guns in his car, only in the trailer. We should be able to see what they are relying on. We don't know anything about the head-butting.

Defense: He participates heavily in his church, traveled to other countries to build homes. He had an amicable divorce. His character reference [not in the docket?] says he's no troublemaker, just a patriot. She states she would help with a curfew & removing guns

Defense: He was in his room, resting, when the authorities found him. We look at the community, in terms of danger, where he resides. He has no criminal history. He has ties in the North Carolina community.
Judge: Who is the custodian?
Defense: Ms Jeffords [ph]

Defense: He would refrain from the use of alcohol. He could turn over his passport.
[Note that this judge while releasing Leffingwell has detained Lonnie Coffman...]
Pre-Trial: There are not conditions to release him and keep community safe.

AUSA: He said he'd like to use the armor-piercing bullets to shoot the mayor of DC. He was texting about his weapons. That is was in jest is undercut by statements to FBI. He was asked if social media posts were for reaction or he believe. He said, a bit of both

AUSA: That he'd have access to social media could make worse the things happening in his head.. especially for the next couple of weeks.
Judge: I am going to grant request to detain Mr. Meredith.

Judge: We get our fair share of these threat cases in DC. But I conclude this was a true threat. I don't remember any more concerning threats case. Threats to the mayor and Speaker of the House, of running them over. You said, "3 1/2 hours from target practice"

Judge: Often people make threats from their basement. You took steps to come here. He drove from Colorado and brought with you the means to make good on your threats. The fire power in the vehicle: 9mm, a telescopic scope, 320 armor piercing rounds...

Judge: The threats were found on your cell phone. Exchanged with others the government could call as witnesses. The guns were in a truck behind your vehicle. You admitted that. It's a strong case, though that'd be up to a jury. But the factor weighs for detention

Judge: I do not see the point of sending you back to Colorado or North Carolina, even with GPS, since you traveled to get here. GPS is imperfect. We don't have room for error when it comes to you. I have no role in the Superior Court case. Here, Jan 28 at 3 pm

Judge: Anything further?
No.
Parties are excused.
Story soon on InnerCityPress.com
for now, this song (which will be update, Saturday at latest soundcloud.com/innercitypress…