Thread by @innercitypress

OK - #insurrectionBlues case of Oath Keeper Roberto Minuta is beginning before SDNY Magistrate Judge Andrew E. Krause. Inner City Press will live tweet, thread below - for now, song: soundcloud.com/innercitypress…

Judge Krause: Would you like me to appoint an attorney for you?
Minuta: For today, I'm OK with Mr. Gold.
Judge Krause: He's the one I would appoint. I will ask you about your eligibility for counsel at the government's expense. I've seen your financial affidavit.

Judge Krause: What is your name, age and education?
A: Roberto Antonio Minuta.... I'm 36. I made it to pre-med and stopped there.

Mr. Gold: One of the loans that is listed in the financial affidavit is not indicated in the pre-trial report. And they have silver bars worth $45,000. He did not discuss that. He was not asked about commodities.
Judge: It says it was used to pay off taxes, no?

Mr. Gold: The silver bars are savings for children. He wasn't hiding anything.
Judge: I approved the affidavit despite those silver bars...
Now Judge asks Minuta about the affidavit against him, which Inner City Press has put up here beta.documentcloud.org/documents/2050…

AUSA: FBI Director Wray has called the events domestic terrorism. Mr Minuta was photographed there, he has admitted to the FBI he was carrying bear spray. He was preparing for violence.

AUSA: Then there's the defendant's purported love of firearms. He shouted All we have left is the 2d Amendment and held up 2 fingers. He has 10 firearms. The Oath Keepers recruit former military people. That's how he got bodyguard jobs

AUSA: He moved his family out of the area and down to Texas, further evidence he was trying to run away from something. In May 2020 he stated he intended to defy Governor Cuomo's order to close businesses, which he called tyranny.

AUSA: In DC, this kind of freelancing bodyguard business violates the law. He spat at the feet of police, it is a disrespectful gesture. He is transient, he has a home in Texas and a business in NY. He flew and picked up a car. He has the resources to run.

Minuta's lawyer: He has a letter from a church, and from a relative who is a judge. He has 7 people willing to sign for him. He was planning to move to Texas even before January. Sure he kept his business in New York.

Minuta's lawyer: The church letter calls him gentle and loving. It's incredible they are asking to detain him because other people did violent or bad things. This should be charged like a trespass case. He was not on the Senate floor, only the rotunda.

Minuta's lawyer: His wife has made a call to a business in Texas who would sell the guns. This May video where he was planning to deny Governor Cuomo- it's not fair to say that someone who opposes a public health law is a risk of flight. His business is registered

Minuta's lawyer Gold: Last week another defendant with the same charge was released, I believe on consent, on $50,000 bond. We are offering $100,000 and location monitoring. He'd like to return to Texas.
Gold: And travel back and forth to NY?
Gold: He'd like to

[The question about travel back and forth was by Judge Krause]
Judge Krause: Do the government propose additional conditions?
AUSA: Well, he sold his iPhone. He was trying to destroy evidence. He should not be bailed.

Minuta's lawyer: He would be willing to post the silver bars with the court. But he might need them to retain an attorney if he's deemed ineligible.

Judge Krause: I don't need to hear more about Facebook, I'm aware they deleted a lot accounts after the attempted insurrection of whatever you want to call it. I'm prepared to rule: the government has not met its burden.

Judge Krause: Yes, there is significant evidence. But Mr. Minuta has no criminal history. His guns have been owned lawfully. He is released, with an appearance bond.

Judge Krause: The guns should be out of his home by tomorrow - before Mr. Minuta gets home. The bond is $150,000, of which $25,000 must be secured - possibly by the silver, a chunk of what he owns.

Judge Krause: You can only be in two districts in Texas and two districts of New York.
Minuta: Can I drive?
Judge Krause: Only those four districts. Fly into JFK or LaGuardia. (No Newark?) Discuss it with your lawyer.
Gold: He's going to church in Texas, not NJ

Wait - AUSA asks for a stay so the government can appeal to the Chief Judge in DC.
Judge Krause: Denied, no stay.
[Unclear if he'll be release tonight - Chief Judge Howell has heard many appeals. Watch this feed.]