Hearing underway in the Oath Keepers conspiracy case. Judge Amit Mehta is not happy about former DC acting US atty's Michael Sherwin recent 60 Minutes interview + NYT story about potential sedition charges. Judge warns he won't "hesitate" to impose a gag order if it happens again
Mehta: "The government, in my view, should know better" (but also makes a point of noting none of the prosecutors in the room were quoted making the statements at issue)
DOJ supervisor tells the judge that as far as they can tell, Michael Sherwin didn't follow the department's rules/procedures for media contacts with his 60 Minutes interview, and have referred him to the Office of Professional Responsibility
The supervisor (John Crabb) also tells the judge that they don't believe the trial team was responsible for talking to the NYT, and have referred that matter to OPR as well
Judge is asking all the defense lawyers (there are 10 defendants) if they want to say anything, and several have now said that they, too, were contacted by 60 Minutes about doing an interview and said no
Carmen Hernandez, atty for Donovan Crowl, apologies to the judge to giving comment to the NYT in response to govt comments, and judge tells her what she said wasn't a problem — and that defense lawyers feeling compelled to respond is exactly why it's bad for the govt to do this

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More from @ZoeTillman

25 Mar
A group of federal judges are testifying before the House Judiciary Committee about diversity on the bench. Judge Carlton Reeves was one of the few judges to publicly criticize the Trump admin's lack of diverse nominees: buzzfeednews.com/article/zoetil… Image
Reeves is testifying first and jumps right in, highlighting stats on the lack of diverse nominees over the past four years and examples of courts that don't reflect the demographics of communities they serve. He says the courts face a "crisis of legitimacy" on the present course
Worth noting that the Biden has yet to announce his first judicial nominee — Trump's first nominee (Judge Amul Thapar for the 6th Circuit) was announced on March 21, Obama's first nominee (Judge David Hamilton for the 7th Circuit) was announced March 17
Read 7 tweets
23 Mar
Now: A judge has ordered Capitol riot def. Thomas Hale-Cusanelli, described by the govt as an "avowed white supremacist and Nazi sympathizer," to stay in jail. Judge gave weight to his history of violent, racist speech + comments *after* Jan. 6 expressing desire for civil war
Hale-Cusanelli had argued for pretrial release, with his lawyer focusing on the fact that he's not charged with assaulting anyone at the Capitol, and arguing that he hadn't acted with violence in the past on his documented history of hate speech
Govt argued the evidence showed Hale-Cusanelli's ideology had "escalated," that the court shouldn't wait for him to act on it to consider him a danger given the nature of what he's said, and that it's "naive" to think he's less likely to act now, given consequences of prosecution
Read 5 tweets
22 Mar
Sidney Powell has moved to dismiss Dominion's defamation lawsuit. She argues that when she accused Dominion of being part of an election-rigging scheme with ties to Venezuela, "no reasonable person would conclude" those "were truly statements of fact" assets.documentcloud.org/documents/2051…
Powell argues she can't be liable if the information she based her "opinions and legal theories" on were actually unreliable, comparing herself to reporters who get 1A protection when they cite sources; but she later also makes clear she disputes that her info was "false"
Powell also raises jurisdictional and venue-related arguments, basically saying the parties + allegations lack sufficient ties to DC and the case should be moved to Texas
Read 6 tweets
22 Mar
A federal mag. judge in West Virginia is hearing arguments this morning on whether to keep George Tanios — one of two men charged with assaulting Officer Brian Sicknick at the Capitol — in detention pending trial.

Previously: buzzfeednews.com/article/davidm…
Tanios's lawyer had objected to the govt's decision not to put an FBI agent involved in the case on the stand; the judge heard brief arguments about that and overruled the objection, finding govt could proceed by proffer. So they're just starting arguments on the merits now
AUSA showed video from Jan. 6 that the govt says records Khater asking Tanios, "Give me that bear shit" and Tanios replying, "Hold on, hold on, not yet, not yet." The video was choppy, at least on my screen, and it's hard to hear w/ crowd noise, but believe I caught "bear shit"
Read 33 tweets
19 Mar
The superseding indictment was unsealed today in the latest Proud Boys conspiracy case: assets.documentcloud.org/documents/2051…

"I'm proud as fuck what we accomplished yesterday, but we need to start planning and we are starting planning, for a Biden presidency"
Govt says an encrypted messaging channel called "Boots on the Ground" was created on Jan. 5 for Proud Boys comms, and 60+ people participated. Unnamed unindicted co-conspirator allegedly messaged the night before: "...cops are the primary threat, don't get caught by them or BLM"
On Jan. 4, after PB chair Enrique Tarrio was arrested, govt alleges defendant Charles Donohoe was worried previous comms were compromised and took steps to "nuke" another channel.

"Everything is compromised and we can be looking at Gang charges ... Stop everything immediately"
Read 4 tweets
16 Mar
Hundreds Of People Who Joined The Capitol Riot May Never Face Charges buzzfeednews.com/article/zoetil… with @kenbensinger & @jvgarrison
US Capitol Police estimates ~800 people went inside the Capitol on Jan. 6.

Roughly 300+ have been charged, and prosecutors shared last week they expect to charge "at least" 100 more.

This suggests hundreds who joined the riot could avoid prosecution.
buzzfeednews.com/article/zoetil…
The vast majority of people were allowed to leave the Capitol that day. Court docs describe how alleged rioters used the days and weeks that followed to scrub online profiles, hide evidence, threaten witnesses, and even try to leave the country. buzzfeednews.com/article/zoetil…
Read 4 tweets

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