New: The DC Circuit has revived the detention fight over Capitol riot defendants Eric Munchel (the man photographed holding a bunch of zip ties) and Lisa Eisenhart: assets.documentcloud.org/documents/2052…
It doesn't mean they'll be released now, but will get another round in the district court.
It doesn't mean they'll be released now, but will get another round in the district court.
In a 2-1 decision, the court found that the district court judge "did not demonstrate that it adequately considered, in light of all the record evidence, whether Munchel and Eisenhart present an identified and articulable threat to the community"
Importantly, the majority set some guidelines that will now apply to detention fights in all the Capitol insurrection and make it harder for the govt to secure detention if someone isn't charged with assaulting cops, breaking things, and conspiring/planning/aiding
Judge Greg Katsas had a partial dissent — he agreed with his colleagues that the lower court judge failed to justify the detention order, but he would have reversed outright and released Munchel + Eisenhart, instead of kicking it back for more proceedings
Since this is a case with political implications, I'll note that this panel is ideologically diverse — Wilkins (Obama), Rogers (Clinton), and Katsas (Trump)
But it's also important to note that setting aside the political context of these specific cases, it would make sense to see more liberal-leaning judges side with a defendant in this sort of situation, and interesting to learn more about Katsas' views on pretrial detention
Today's DC Circuit ruling reviving the detention fight over Capitol insurrection defs Eric Munchel and Lisa Eisenhart is already having ripple effects — a judge is asking about it at a detention hearing happening now for Connie Meggs, who is charged in the Oath Keepers conspiracy
New this morning: A federal appeals court just made it harder for prosecutors to keep alleged Capitol rioters in jail pending trial, especially if they aren't charged with assaulting police or destroying property buzzfeednews.com/article/zoetil…
More immediate ripple effects of today's DC Circuit decision setting a higher bar for prosecutors to secure pretrial detention for alleged Capitol rioters (see: buzzfeednews.com/article/zoetil…) -->
https://twitter.com/kenbensinger/status/1375464077963587595
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