A hearing is getting underway in DC federal court before Magistrate Judge G. Michael Harvey in a batch of Capitol insurrection cases — defendants are making their initial appearances in DC federal court. Stay tuned for updates
First up was Kevin Lyons, from Chicago area — he'd been released with conditions after arrest in that district, govt didn't seek detention so he'll stay free pending trial with the same general conditions as before, incl. that he can't go to DC except for court
In second case, Josiah Colt, who was granted release in Idaho post-arrest, federal public defender Michelle Peterson explains they're working with the US atty's office to come up with general release conditions for ppl charged with misdemeanors (big one being stay away from DC)
Peterson says that generally, they've been talking with the US atty's office about not seeking language in release conditions barring lawful possession of firearms for people charged with misdemeanors (pretrial services had recc'd barring all possession of firearms)
Prosecutor is being very careful to say that they're not committing to anything right now that would apply to all Capitol insurrection defs charged with misdemeanors, but for Colt, they're okay permitting lawful possession of firearms
Colt is being released on personal recognizance, must stay away from DC except for court/attorney meetings, barred from *illegally* possessing firearms (see above for more on that), must notify pretrial services if traveling in the US and must get court permission for intl travel
Douglas Sweet is the 3rd defendant, gets the same release conditions as previous defendants today — stay away from DC, has to notify pretrial services about travel out of home state (Virginia) and get court approval for intl travel, no illegal possession of firearms
Next defendant is Cindy Fitchett of Virginia, she is released on the same conditions as the others — stay away from DC, report travel out of home state/get court permission for intl travel, no possession of illegal firearms
For those asking why the court is specifying defs being released can't possess *illegal* firearms — it's to make clear they're permitted to legally possess firearms per laws of their home state, since sometimes firearm possession can be restricted as part of pretrial release
Next defendant is Robert Packer, the man photographed wearing a "Camp Auschwitz" sweatshirt at the Capitol — judge imposes roughly the same release conditions as other defs (DC stayaway, etc.), plus not being allowed to have an active passport (Packer says his is expired)
Next defendant is Bryan Betancur, the judge agrees with govt to hold him for 10 days because he was on probation in MD when he allegedly went to DC, so that needs to get sorted out (he allegedly told his probation officer he was going to DC to distribute bibles)
Betancur kept trying to interject during the hearing, and the judge kept advising him to speak with his lawyer first. At the end he tried one more time, and the judge strongly urged him not to say anything: "The prosecutor is listening and gosh the whole world is listening"
The next defendant is Peter Harding — govt is asking for some kind of location monitoring, noting he was arrested at a friend's house with a lot of cash, clothes, cell phones. Defense contends he was going to stay with a friend to avoid being harassed at home by the media
Harding attempts to interject and say he contacted the FBI immediately, and the judges cuts him off and advises him that it's not a good idea for him to talk right now
Had to jump off this hearing but per @alanfeuer Harding will be released with electronic monitoring

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More from @ZoeTillman

20 Jan
Today in newly released charging docs in the Jan. 6 insurrection: Proud Boys organizer Joseph Biggs. Prosecutors quote from one video recorded inside the Capitol:
"Hey Biggs, what do you gotta say?"
"This is awesome!"
justice.gov/opa/page/file/… Image
Michigan man charged allegedly posted video inside the Capitol Visitor’s Center — "we kept it chill" — and re: being tear gassed messaged someone, "wtf I love masks now!" justice.gov/file/1357311/d… ImageImage
Docs for CT man charged with assaulting an MPD officer at the Capitol: justice.gov/opa/press-rele…

"Officer Hodges was pinned between the clear police riot shield being held by MCCAUGHEY and the lower west terrace door. Officer Hodges appeared to be loudly crying out in pain." ImageImage
Read 5 tweets
15 Jan
A detention hearing is about to start in federal court in Arkansas in the case of Richard Barnett, the man photographed sitting in Nancy Pelosi's office (see: buzzfeednews.com/article/salvad…). He's been in custody since his arrest
Prosecutors alleged Barnett was carrying a stun gun. He's charged with entering a restricted area w/ a weapon, violent entry/disorderly conduct, and theft. There isn't anything on the docket indicating what the govt/Barnett will be seeking as far as detention v. release
We're still waiting for the Richard Barnett detention hearing to start in Arkansas. Meanwhile, follow @o_ema for updates on initial appearances in DC federal court today for a few of the Capitol insurrection arrestees -->
Read 37 tweets
14 Jan
A hearing is about to start on whether Cleveland Meredith, charged with threatening to kill Nancy Pelosi and bringing guns + ammo to DC (see: buzzfeednews.com/article/salvad…) should be kept in custody. He's arguing for release, govt is arguing to keep him behind bars. Stay tuned.
As a threshold matter, US MJ G. Michael Harvey agrees with the govt that the crime of making interstate threats (Meredith is charged with that + two misdemeanor weapon possession charges) is a crime of violence — Meredith's lawyer had argued it didn't qualify under precedent
Harvey hasn't ruled yet on whether to keep Meredith in custody, just that he agrees with the govt that the crime Meredith is charged with — sending texts threatening Nancy Pelosi — is detention eligible. The lawyers are continuing to argue over whether he meets the other factors
Read 11 tweets
24 Dec 20
We'll have a story soon on Night #2 of Trump's pardon-palooza, but in the meantime, a reminder of what it was that Manafort was convicted of — hiding millions of dollars in income overseas for years from US authorities and repeatedly committing bank fraud buzzfeednews.com/article/zoetil…
Five Mueller defendants have gotten pardons now: Manafort, Stone, Flynn, van der Zwaan, Papadopoulos

That leaves:
- Michael Cohen (definitely not getting one!)
- Rick Gates (he cooperated, but maybe?)
- Richard Pinedo (buzzfeednews.com/article/zoetil…)
- Russians + Konstantin Kilimnik
Manafort's legal troubles aren't totally over yet — he successfully argued for a state judge in NY to toss out the Manhattan DA's attempt at prosecuting him for financial crimes similar to what he was convicted of in federal court, but Vance's office is appealing that
Read 6 tweets
22 Dec 20
New: Republicans Are Facing Very Real Legal Consequences From Trump’s Voter Fraud Lies
buzzfeednews.com/article/zoetil…
A lawsuit was filed today accusing Trump and the RNC of conspiring to violate the rights of Black voters, and it not only asks a judge to halt current efforts to undermine the election, but to impose future limits on "post-election activities" buzzfeednews.com/article/zoetil…
The amended lawsuit filed today by @NAACP_LDF comes just a few years after a judge lifted a decades old consent decree that imposed court oversight of the RNC's election activities after it was accused of trying to disenfranchise Black and Latino voters buzzfeednews.com/article/zoetil…
Read 5 tweets
21 Dec 20
New: Supreme Court justices can get vaccinated now. The rest of the courts are on their own.
buzzfeednews.com/article/zoetil…
The federal judiciary's administrative arm in DC can't centrally arrange to get judges and staff vaccinated nationwide. So judges are directly appealing to state and local officials, arguing there are critical court functions that can't be done remotely.
buzzfeednews.com/article/zoetil…
"We seek no special treatment, but the federal judiciary has no means to provide vaccination to any of our employees. ... Hence our appeal to you," the chief judges of the federal district courts in Wisconsin wrote to the governor last week buzzfeednews.com/article/zoetil…
Read 5 tweets

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