Rep. Plaskett's presentation is a preview of what jurors may see if the criminal cases go to trial — it reminds me of the govt's presentation when the J20 cases were tried. A key question will be if defense lawyers can argue to keep the focus narrower to conduct of individ. defs
The vast majority of defendants have their own individual criminal cases (as compared to those charged jointly with conspiracy, for instance), and to the extent they go to trial, it's not clear if they'll be tried in groups, a la the J20 cases
Most of those charged in the insurrection have been granted pretrial release, but the individual defendants that Plaskett highlighted by name (Dominic Pezzola, William Calhoun, Richard Barnett) remain in custody buzzfeednews.com/article/zoetil…
A few hours before Plaskett's presentation highlighted Dominic Pezzola breaking a window to climb into the Capitol building, he filed a motion arguing he should be granted conditional release pending trial: assets.documentcloud.org/documents/2047…
@pdmcleod Seen nods to plea talks in just a few Capitol insurrection cases so far — latest is Matthew Council, accused of pushing a police officer (he's not charged with assault). Govt asked to delay his next court date "to continue negotiations in an effort to achieve a resolution"
In the days after the election, Capitol insurrection defendant Michael Lopatic posted a series of photos of birds he apparently shot and killed and named after Joe Biden, Kamala Harris, and other prominent Democrats, per court docs assets.documentcloud.org/documents/2047…
(Deleted a previous version of this tweet that incorrectly said some of these posts were before the election, they were all after. Conflating Jan. 6 with Nov. 3 in my mind - can't imagine why...)
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New filing: Govt is arguing to keep Capitol insurrection def. Jessica Watkins in jail pending trial. A few new details, including that she told someone, "We are not bringing firearms" but then revised: "Weapons are ok now as well. Sorry for the confusion." assets.documentcloud.org/documents/2047…
Prosecutors arguing to keep Jessica Watkins in pretrial detention: "Crimes of this magnitude, committed with such zeal, belie any conditions of release that would reasonably assure the safety of the community or by which Watkins could be trusted to abide."
Watkins has been in custody since her arrest in Ohio on Jan. 17 — she made her initial court appearance in Ohio two days later and requested that her detention hearing be held once her case got transferred to DC (where all the Capitol insurrection cases are being prosecuted)
And here it is: Capitol insurrection defendant Jenny Cudd *can* go to Mexico for a prepaid "work-related bonding retreat," a judge ruled buzzfeednews.com/article/zoetil…
In granting Cudd's request to go to Riviera Maya, Mexico, the judge noted the govt and pretrial services didn't oppose the request — that can be a major factor in a situation like this — and there was no evidence she's a flight risk buzzfeednews.com/article/zoetil…
Something to note about Jenny Cudd — when she filed her request to go to Mexico on Feb. 1, she was facing two misdemeanors. A federal grand jury returned a five-count indictment on Feb. 3, including obstruction of an official proceeding, which is a felony buzzfeednews.com/article/zoetil…
A hearing is starting soon in the case of Capitol insurrection defendant John Earle Sullivan. Sullivan was granted pretrial release and the govt is back asking for jail, arguing he repeatedly violated release conditions, incl. during an Infowars appearance assets.documentcloud.org/documents/2047…
Sullivan is the founder of Insurgence USA, which was cited as proof in alt-right circles that Antifa/BLM/Dems incited the insurrection. Sullivan has said he's not affiliated w/ groups, and there's a lot of evidence Trump supporters assaulted the Capitol: buzzfeednews.com/article/zoetil…
A judge in Utah granted release, finding govt failed to meet standard for having a detention hearing by showing "serious risk" Sullivan would obstruct witnesses. AUSA is arguing now that they're back arguing for detention on two grounds - revocation of release + obstruction issue
New judicial vacancy of note: US District Judge Emmet Sullivan (who you may remember from such cases as Michael Flynn, the USPS mess, and SO MANY more) is taking senior status in April, opening up his seat for a Biden nominee, per Rep. Eleanor Holmes Norton's office
Normally the White House gives a lot of deference to home state senators for district court nominees, but of course DC has no senator! In the past Dem presidents have given Norton senatorial courtesy on this front — Trump unsurprisingly did not, Biden is reviving it
Judicial vacancies noticeably ticking up since Biden took office:
Future vacancies on 1/20 (announced but the judge hasn't left yet): 5
Future vacancies on 2/4: 18 (+Sullivan, who isn't on the judiciary's website yet)
Current vacancies on 1/20: 49
Current vacancies on 2/4: 60
In the case of Capitol insurrection defendant Matthew Bledsoe, a federal magistrate judge in DC granted govt's request for location monitoring while he's on pretrial release. Govt argued he posed a danger to the community, noting Jan. 10 text saying people will be "executed"
Bledsoe’s lawyer argued he didn’t literally mean he planned to execute people, but was repeating a “common belief” among QAnon followers. Prosecutor countered that whether or not that’s just a QAnon reference didn’t change the fact that the govt was “gravely concerned” about it
Bledsoe’s lawyer had also argued against GPS monitoring, and talked about the fact that he has a moving company. Prosecutor said that if Bledsoe was worried about his reputation, “he should have probably considered that before he stormed the Capitol”
A judge today ordered Couy Griffin, the "Cowboys for Trump" founder charged in the Capitol insurrection, jailed pending trial. buzzfeednews.com/article/zoetil…
Griffin's case was notable because, as his lawyer noted in unsuccessfully arguing for pretrial release, he's charged with one misdemeanor, and in most Capitol insurrection cases the govt has only sought detention for people facing more serious charges buzzfeednews.com/article/zoetil…
But the federal magistrate judge in DC was persuaded by the govt's argument that Griffin's threats of violence + refusal to acknowledge the legitimacy of the election meant the judge couldn't have confidence he'd follow court orders if released buzzfeednews.com/article/zoetil…