Bruno Cua, a Capitol insurrection defendant who is currently in jail and has been arguing for pretrial release, has tested positive for COVID-19, per new docket entry. Judge has asked the lawyers for updates on how he could now be safely released
Per hearing this a.m., a judge will grant pretrial release to Capitol insurrection def. Bruno Cua, over the govt's objection. Cua, 18, recently tested positive for COVID, so he'll stay in jail to wait out the 10-day period recc'd by the CDC, and then be released to his parents
Cua traveled to DC on Jan. 6 with his parents. His mother will be the custodian responsible for ensuring compliance with release conditions and reporting any violations. His parents had expressed regret for believing Trump's voter fraud lie; govt had argued Cua is still a danger
Cua had been very active on Parler leading up to Jan. 6 and in the days after (one Dec. 21 post of note, given today's court action: "I have lost faith in the court systems") — his release conditions include a total social media ban assets.documentcloud.org/documents/2050…
Here's the ruling granting alleged Capitol rioter Bruno Cua pretrial release. The judge wrote that Cua's online posts were "disquieting, to put it mildly" and that he was going home "by the slimmest of margins, guided by the default rule favoring liberty" assets.documentcloud.org/documents/2050…
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A fed magistrate judge is hearing arguments now on the govt's request to keep alleged Capitol rioter Federico Klein in custody pending trial. Klein was a Trump admin political appointee in the State Dept. at the time, and is charged with assaulting police during the insurrection
AUSA Jocelyn Bond argues Klein "was a very enthusiastic participant in the violence." He resigned from State Dept. soon after, and Bond argues that his position as a fed employee at the time cuts against him, because he took an oath to support and defend the Constitution
Some non-insurrection court activity this a.m.: Trump continues to fight a House Oversight subpoena for his financial docs, and the parties were in district court to set a schedule for another round of briefing focused on applying the test that SCOTUS articulated last summer
For a refresher on how SCOTUS revived this fight last year and sent it back for more proceedings on the separation of powers issues at play: buzzfeednews.com/article/zoetil…
House Oversight reissued the subpoena in February, keeping the fight alive. Lawyers for Dems and Trump gave a very brief preview of what’s to come, incl. a fight over how much it matters that Trump isn’t president now re: the separation of powers issues that SCOTUS addressed
Now: A judge ruled that Ethan Nordean, a Proud Boys leader charged in the Capitol insurrection, will be released pending trial — the judge called it a "close case," but found the govt’s args wanting re: the strength of evidence that he aided/abetted others in destroying property
During the hearing, the govt sort of backed off a claim that Nordean led others in a plan to split into groups and break into the Capitol at different points — govt said it stood by it, but since it was disputed it would withdraw it as a factor for consideration re: detention
Chief Judge Beryl Howell noted that other Proud Boys defendants, incl. some with similar leadership roles and who were accused of property destruction, were released without opposition from the govt, and that she had concerns about consistency in these cases
A detention hearing of note this morning in the case of Bruno Cua. Prosecutor described Cua's case as "one of the most terrifying," citing his extensive posts on Parler before and immediately after Jan. 6. No ruling from the bench, here are highlights from today's arguments:
The contrasting narratives presented to the judge:
Defense: This is an immature 18-year-old who was manipulated by things he saw online and now regrets it.
Prosecution: This is a dangerous person who is an adult in the eyes of the law and made good on threats against the govt.
Cua’s lawyers asked the judge to release him to his parents, who came with him to DC on Jan. 6 to attend Trump’s rally. His mother spoke and grew emotional as she pleaded with the judge, saying she “should have known better” and felt “stupid” for believing the election fraud lie
Now: A judge has granted release to Clayton Mullins, a Kentucky man charged with assaulting police at the Capitol. The judge wasn't thrilled about it, though, and expressed confusion about why the govt sought detention on narrower grounds, which tied her hands. More to come.
New: A judge reluctantly granted pretrial release today to Clayton Mullins, charged with assaulting a cop at the Capitol on Jan. 6. She said she was "puzzled" by the govt's arguments, and likely would have kept Mullins in jail but her hands were "tied." buzzfeednews.com/article/zoetil…
The detention issue in Mullins' case came down to *how* the government framed it's request to keep him behind bars. Instead of arguing he was charged with a crime of violence, they argued he was a flight/obstruction risk, which were narrower grounds buzzfeednews.com/article/zoetil…
FBI Director Chris Wray is testifying before the Senate Judiciary Committee this morning. He says they've gotten more than 270,000 digital media tips from the public about the Capitol insurrection.
Grassley asked for an update on the investigation into Officer Sicknick's death. Wray said there was little he could say beyond the fact that the investigation is ongoing. Pressed by Grassley, Wray said he couldn't disclose if they had determined a cause of death yet.
Just before Grassley asked about Officer Sicknick, Sen. Durbin had asked if the FBI had any evidence of "fake" Trump supporters organizing the Capitol attack. Wray said there is no evidence of that.