Today's initial appearances have started today for Capitol insurrection defendants in DC. First up is Andrew Ericson, Okla. man ID'd in snapchat photos in the Capitol taking a selfie and with his feet up. Standard pretrial release (stay away from DC, no illegal guns, etc.)
Next up is Anthony Mariotto of Florida - tipster provided the FBI with a screenshot of a Facebook selfie inside the Capitol. Judge approves standard pretrial release conditions (stay away from DC, no int'l travel without court approval, no illegal guns, etc.)
Switching over to an arraignment for Jacob Chansley (man ID'd in fur/horns in the Capitol known as "QAnon shaman") before Judge Lamberth in DC. Follow @o_ema for updates on the rest of today's initial appearances. Recall an AZ judge ordered Chansley held: buzzfeednews.com/article/zoetil…
The line for Chansley's arraignment opened with Chansley's lawyer asking the judge to ensure he's given organic food while he's incarcerated, saying there are health concerns and that nonorganic food can lead to "unpleasant" and "protracted" problems
The judge says they'll connect Chansley's lawyer with someone at the DC Jail to discuss arrangements to deal with his dietary restrictions
Lamberth tells Chansley's lawyer Al Watkins that he doesn't know much about shamanism, Watkins' says he doesn't either, but generally it's associated with nature. Lamberth: "I think we'll all learn more."
A status hearing is set for March 5, and Lamberth suggests he'd be open to hearing args from Chansley re: reconsidering his detention at that point. It appears we missed the first part of the hearing, the public line turned on when they were talking about organic food
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New: Most Capitol Insurrectionists Went Home. Prosecutors Are Now Fighting To Keep Some Behind Bars. buzzfeednews.com/article/zoetil…
The vast majority of people who participated in the Jan. 6 insurrection simply left and went home. Most arrested so far have been released pending trial — a deep dive into the small number of cases where prosecutors have argued to keep someone behind bars buzzfeednews.com/article/zoetil…
Combing through court docs, what's clear is that being accused of participating in the Capitol insurrection, on its own, isn't enough for the govt to argue for detention. But in cases where judges are considering whether to hold someone, it's persuasive. buzzfeednews.com/article/zoetil…
A hearing is underway now in the case of Richard Barnett, one of the Capitol insurrection defs (photographed at Pelosi's desk) — the govt is challenging an Arkansas magistrate judge's release order. Chief Judge Beryl Howell in DC halted his release until she rules on the matter
Prosecutor Mary Dohrmann begins by arguing Barnett flouted laws "in the most brazen and flagrant manner possible" when he breached the Capitol: "He knew exactly what he was doing."
Prosecutor says the note that Barnett left for Pelosi in her office — "Nancy, Bigo was here you bitch" — was "disturbing" and says the photographs of him sitting at Pelosi's desk show that he appears to "relish" the notoriety
DC's Acting US Attorney Michael Sherwin and Steven D’Antuono, FBI ass't director in charge of the Washington Field Office, are doing a briefing now on the status of the Jan. 6 Capitol insurrection investigation. D'Antuono says public has sent in 200K digital media tips so far
They've arrested ~135 people and identified 400+ suspects. They're still looking for the person/people responsible for planting pipe bombs at the DNC/RNC buildings; there's a $75K reward
Sherwin says they've made good on the pledge to bump up charges from the initial misdemeanors many people were charged with at the start to more serious felony crimes
Latest in the yearslong fight over the fate of the Dakota Access pipeline — DC Circuit today agreed with the district judge that the easement granted under Trump was unlawful, but won't order the pipeline shut down while an enviro. impact study is done cadc.uscourts.gov/internet/opini…
The district judge ordered the pipeline emptied/shut down pending an enviro. impact statement, and the DC Circuit prev. paused that when the case came up on appeal last year. Today, the panel held the judge didn't go through all the steps needed to issue that kind of injunction
The decision leaves open the possibility of shutting down the pipeline in the future, but it won't happen now. Either/both sides could now petition the en banc DC Circuit to reconsider today's ruling, and this could be on track for a SCOTUS petition
A detention hearing is starting soon in federal court in Detroit for Michael Foy, charged with using a hockey stick to attack police officers during the Capitol insurrection. Govt is seeking to keep him in custody: assets.documentcloud.org/documents/2046…
Still waiting for Foy's case to be called in Detroit. Follow @o_ema for today's initial appearances in DC federal court for people charged in the Capitol insurrection -->
Michael Foy, charged with attacking police with a hockey stick at the Capitol on Jan. 6, is having his detention hearing now in Detroit fed court — govt is seeking detention until his first court appearance in DC, describing him as "one of the most violent of the Capitol rioters"
Less than a day after Biden took office and began rolling back Trump's policies, judges began issuing orders asking DOJ to explain what happens now in the many, many pending lawsuits left over from the last administration buzzfeednews.com/article/zoetil…
Every presidential transition involves decisions about how to unwind policies the new admin doesn’t support, but the Trump era was unusual in just how much of what he did — not to mention his personal legal messes — are still in court buzzfeednews.com/article/zoetil…
It won’t be as simple as DOJ lawyers throwing up their hands and saying they just got it wrong under Trump. Biden et al. may disagree with a lot of Trump's policies, but DOJ will be wary of conceding Trump et al. lacked the authority to do what they did buzzfeednews.com/article/zoetil…