Thread by @kpolantz

In the Capitol riot cases, judges have split on whether to keep defendants in jail before trial. That’s not unusual, given how the system works and the charges that are being used—but it’s a surprise to many people tuning into these cases cnn.com/2021/02/19/pol…

This report from 2018 really digs into the numbers on pretrial detention in the federal judiciary—and the reasons people are detained following an arrest. uscourts.gov/sites/default/…

I didn’t realize until reading this report how skewed the numbers are for Hispanic defendants being detained—and that’s bc immigration cases present more of a risk the person could flee the country, making detention far more likely for people arrested on immigration charges

Other reasons people are held in jail awaiting trial: if they have a past criminal history, if they’re charged with significant violence or major crimes, if the court believes they’re likely to obstruct justice (tamper with evidence, etc)

As long time probation chief Chris Maloney told me, it basically comes down to whether judges believe the person will come back to court for trial, and not hurt others while they’re out. Pretrial detention is NOT supposed to be punishment

A few weeks ago, I noticed judges outside of DC were splitting with the DOJ’s requests to keep some Capitol rioters detained. Some of those cases were appealed, and judges in DC have come down more harshly in interpreting the riot defendant charges. cnn.com/2021/01/23/pol…

See: DC District Court Chief Judge Beryl Howell’s livid reaction to the actions of Richard Barnett (Arkansas man who put his feet on a desk in Pelosi’s office and bragged about it to the Washington Post). He’s staying in jail, she decided. cnn.com/2021/01/28/pol…

And then this week, Judge Royce Lamberth had an equally serious reaction to “zip tie guy” and his mom. They picked up plastic handcuffs in the Capitol and wore body armor Jan 6.

Lamberth wrote each “poses a clear danger to our republic,” will stay in jail.
They are appealing.

Here’s another interesting case: Joshua Black of Alabama. Charged with some standard counts for rioters—disorderly, entering restricted grounds. His Atty argued he should be released on personal recognizance, just like the man w “Camp Auschwitz” shirt and a Ohio school employee

Black is notable because he said on YouTube he wanted to "plead the blood of Jesus" in the Capitol and, indeed, was bleeding from his cheek when he was photographed on the floor of the Senate.
Mag judge in AL deemed him a possible danger to the community.

Sometimes—not always—the judges outside of DC come down harsher on the alleged Capitol rioters than the judges in DC. It can vary even courtroom to courtroom.

2 defendants had their bond set by a judge in EDNY at $250,000 each. Once they came to DC, that amount was reset to 0.

One more thing—this story about Jenny Cudd asking and being allowed to go to Mexico went wild on the internet.
This isn’t unusual! Released defendants sometimes ask and are often allowed to travel.
Again, q for judge is whether the person will return. cnn.com/2021/02/05/pol…

Remember this? Michael Flynn was allowed to visit South Korea for Christmas 2019. He was still awaiting sentencing, but this was after the judge called him a traitor to his country in open court.
(Very different case than Cudd, but similar type of political intensity)

If you’re wondering about racial dynamics: Yes, white federal defendants are detained pretrial less often than Black defendants. More data and a deeper dive here: uscourts.gov/sites/default/…