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)
The Watkins detention memo repeats much of what the govt has already put out there about what members of the alleged Oath Keepers conspiracy were saying via a walkie talkie app.

Govt: "For Watkins, this was a moment to relish in the swirling violence in the air."
And of note as we enter another day of Donald Trump's impeachment trial: "As the inauguration grew nearer, Watkins indicated that she was awaiting direction from President Trump."
New: A few hours before Day 3 of Trump's impeachment trial kicked off, prosecutors shared new evidence that a member of the alleged Oath Keepers conspiracy was "awaiting direction" from Trump buzzfeednews.com/article/zoetil…
Update: Prosecutors filed their response to alleged Oath Keepers conspirator Thomas Caldwell — incl. texts that appear to show comms with (or at least aware of planning by) Proud Boys and Three Percenters, and a doc found in his home titled "Death List" assets.documentcloud.org/documents/2047…
Updated: In a new court filing, prosecutors say a search of alleged Oath Keepers conspiracy member Thomas Caldwell's home revealed a "Death List" and invoices for ammunition and what appeared to be a firearm "intentionally built to look like a cell phone" buzzfeednews.com/article/zoetil…
Prosecutors say Thomas Caldwell messaged with someone on Jan. 3 about arranging for a boat to ferry "heavy weapons" across the Potomac to "our waiting arms" in DC.

"Genius if someone is willing and hasn't put their boat away for the winter."
buzzfeednews.com/article/zoetil…
More filings coming in today re: who prosecutors are arguing to keep in jail pending trial.

Daniel Adams, accused of being at the "front of the pack" of a mob that attacked the Capitol and assaulting law enforcement: assets.documentcloud.org/documents/2047…

"Let’s go! Let’s go! Let’s go!"
Christopher Grider is arguing for pretrial release, meanwhile:


His charging docs: assets.documentcloud.org/documents/2046…
A hearing has just started on the govt's request to keep Capitol insurrection defendant Rachel Powell in custody after a PA judge granted her release. She's accused of using a pipe as a battering ram to break into the Capitol. Govt motion: assets.documentcloud.org/documents/2047…
Chief Judge Beryl Howell is handling Powell's detention hearing, and is explaining concern she has about how the govt is deciding who to argue to detain vs. not. She notes the govt didn't seek detention in Proud Boys cases involving conspiracy where there's more ev. of planning
This is the case Howell is referencing: justice.gov/usao-dc/press-…

Prosecutor says she's not involved in that other case and can't speak to the decisions made by the govt there
Howell: "I am concerned about equitable treatment of all of these defendants in what is a very difficult circumstance of figuring out who's in charge of what, who's doing what, and figuring out levels of dangerousness"
Powell's lawyer talked about how she home schools some of her kids. Judge notes she was photographed without a mask at the Capitol, asks if if she had any concern about bringing home COVID to her kids. Lawyer says none tested positive, and that she'd comply with any mask req.
Judge Howell is preparing to announce her decision. The fact that Powell did an interview with the New Yorker did not sit well with the judge: "This defendant had no apology, no remorse, no embarrassment ... that article is just downright offensive"
Howell says the weight of evidence and seriousness of felony charges that Powell faces weigh in favor of detention, while lack of criminal history, ties to community, and fact that she's only charged with destruction of property and not harming people weigh in favor of release
Howell concludes that there *are* release conditions that could mitigate the seriousness of any risk Powell poses to the community + ensure appearance, and denies govt's appeal of her release.

tldr: Capitol insurrection defendant Rachel Powell is being granted pretrial release
Powell is being released to home detention, which means she can only leave for a few reasons — employment, medical reasons, court/atty meetings. She'll have to get pre-approval to leave the house for any other reason. If she does leave the house, she is required to wear a mask
Something that's becoming apparent in these hearings re: who gets detained and who doesn't is that Howell is especially interested in a) whether the def. is accused of assaulting anyone b) whether they brought/carried a weapon c) how much they planned for violence
New charging docs unsealed today alleging another Proud Boys conspiracy: assets.documentcloud.org/documents/2047…

Feds note defendants wore pieces of orange tape, which made it easier to ID them in pics, and say the govt is still investigating "intent and purpose" of the tape
Prosecutors Say A Member Of The Oath Keepers Conspiracy Was "Awaiting Direction" From Trump Before The Capitol Attack
buzzfeednews.com/article/zoetil…
A few hours before Day 3 of Trump's impeachment trial kicked off today, prosecutors offered up new evidence that a member of the alleged Oath Keepers conspiracy charged with planning an assault on the Capitol was "awaiting direction" from Trump
buzzfeednews.com/article/zoetil…

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More from @ZoeTillman

12 Feb
Good afternoon and a very happy Friday to you all - taking a break from tracking Capitol insurrection defendants for a few hours to cover Day 4 of Trump's impeachment trial. Stay tuned for updates.
Trump lawyer Michael van der Veen is up first, and begins with an attack on the constitutionality of the impeachment trial itself, invoking Trump's oft-repeated use of the phrase "witch hunt," and then denying Trump incited anyone
Van der Veen argues litigating "questions of election integrity within the system" is not incitement — worth noting several judges openly expressed concern about what Trump and his allies were doing buzzfeednews.com/article/zoetil… Image
Read 21 tweets
10 Feb
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…
Read 11 tweets
5 Feb
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…
Read 5 tweets
5 Feb
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… ImageImageImage
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
Read 10 tweets
4 Feb
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
Read 5 tweets
4 Feb
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”
Read 4 tweets

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