On the line for a hearing on Jacob ‘QAnon Shaman’ Chansley's "emergency motion" for organic "sustenance," including wild caught tuna, vegetables, and soup.
Judge Royce Lamberth is presiding.
Live-tweet ahead, @LawCrimeNews.
Background, @Aaron_Keller_ lawandcrime.com/u-s-capitol-si…
Judge Royce Lamberth is presiding.
Live-tweet ahead, @LawCrimeNews.
Background, @Aaron_Keller_ lawandcrime.com/u-s-capitol-si…
These proceedings were quickly convened after Chansley filed his motion, seeking organic food or release from jail.
Prosecutor oppose release, leaving the question of his diet in the BOP's hands.
Prosecutor oppose release, leaving the question of his diet in the BOP's hands.
The prosecutor is Assistant U.S. Attorney Kimberly Louise Paschall.
Chansley's attorney is Al Watkins.
Judge Lamberth asks the basis of his motion:
"Are you bringing a First Amendment religious liberty challenge?"
Chansley's attorney is Al Watkins.
Judge Lamberth asks the basis of his motion:
"Are you bringing a First Amendment religious liberty challenge?"
Watkins replies yes, in part, and says the BOP was aware of it.
"There is also a physical component of this," he adds, describing it as a "health issue."
"We're in difficult times right now with COVID, so I'm not castigating the Department of Corrections, Bureau of Prisons."
"There is also a physical component of this," he adds, describing it as a "health issue."
"We're in difficult times right now with COVID, so I'm not castigating the Department of Corrections, Bureau of Prisons."
Watkins: "It is what it is."
He claims that the magistrate in Phoenix ordered organic food.
Judge Lamberth says that did not happen and asks him where he believes the magistrate said that.
He claims that the magistrate in Phoenix ordered organic food.
Judge Lamberth says that did not happen and asks him where he believes the magistrate said that.
Lamberth asks whether the organic food request is based on a religious belief.
Watkins says yes.
Q: "Is his religious belief sincere?"
Same answer, with more about his physical state.
Watkins says yes.
Q: "Is his religious belief sincere?"
Same answer, with more about his physical state.
Watkins:
"It's a choice between starvation, death and consuming something contrary to his long-held faith."
The judge asks Chansley what the food is that would comport with his religious beliefs.
The prison line is foggy, but the words "USDA Organic" are clearly audible.
"It's a choice between starvation, death and consuming something contrary to his long-held faith."
The judge asks Chansley what the food is that would comport with his religious beliefs.
The prison line is foggy, but the words "USDA Organic" are clearly audible.
Chansley: "For eight years, your honor, I have only eaten organic food."
He talks about the "chemical balance."
Judge: "That food can be obtained at normal grocery stores?"
He talks about the "chemical balance."
Judge: "That food can be obtained at normal grocery stores?"
A BOP representative is up:
He says the religious services office found through their research that the tenets of shamanism does not include an exclusively organic diet, and therefore, the request was denied.
He says the religious services office found through their research that the tenets of shamanism does not include an exclusively organic diet, and therefore, the request was denied.
Watkins supported the alleged organic food tenet of shamanism to a Wikipedia entry.
Judge to the government: The defendant has the burden of proving that it's a religious tenet?
Yes, the government replies, adding that the Wikipedia entry doesn't say that.
Judge to the government: The defendant has the burden of proving that it's a religious tenet?
Yes, the government replies, adding that the Wikipedia entry doesn't say that.
More on the prior organic-food federal court fight in Chansley's case, during his not-guilty plea on Jan. 29.
Again, via @Aaron_Keller_ lawandcrime.com/u-s-capitol-si…
Again, via @Aaron_Keller_ lawandcrime.com/u-s-capitol-si…
In order to accommodate Chansley's request, the BOP would have to modify its contract with the vendor and all for a dubious religious requirement, the government says.
(It's unclear whether the voice on the line now is from BOP or DOJ. I'll clarify later.)
(It's unclear whether the voice on the line now is from BOP or DOJ. I'll clarify later.)
A BOP rep made that remark.
Watkins:
"I take my pride in my knowledge of religions."
Part of shamanism is its lack of fundamental tenets, he adds.
"It's a faith that transcends boundaries."
Watkins:
"I take my pride in my knowledge of religions."
Part of shamanism is its lack of fundamental tenets, he adds.
"It's a faith that transcends boundaries."
Watkin:
"We have a defendant who is a shaman."
He adds that he has "genuine support for the proposition" that these beliefs has led to his "non-consumption of food" for nine days.
"We have a defendant who is a shaman."
He adds that he has "genuine support for the proposition" that these beliefs has led to his "non-consumption of food" for nine days.
Judge GRANTS order for organic food, saying a written ruling will follow.
Watkins withdraws the request for pre-trial release, which was offered in alternative to that order.
Watkins withdraws the request for pre-trial release, which was offered in alternative to that order.
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