Now: DOJ says in new court filing that they've made "substantial progress" in resolving the House lawsuit seeking Don McGahn's testimony and says the DC Circuit might want to postpone the en banc arguments scheduled for 4/27
Note that the House isn't on this filing: They've been persistent in saying the court should hold the en banc arguments unless there's major progress because of how long the case has gone on. Wonder if this progress is enough for them to be willing to push off args again.
The House filed this brief with the circuit two weeks ago, telling the court that they should push forward with arguments and it wouldn't prevent them from reaching a settlement.
Here's the House's response: They "strenuously oppose" delaying arguments in the McGahn case again, and say that while negotiations are ongoing, "a settlement is not sufficiently likely at this time to justify postponing the argument yet again."


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More from @jacq_thomsen

26 Feb
Now: Federal judge orders Jessica Watkins, charged in the Oath Keepers conspiracy case, to be detained pending trial. He said that even though she denounced the Oath Keepers during the hearing, he still finds she is a potential danger to the community.
This is one of several criminal defendants that Judge Amit Mehta is overseeing in the Oath Keepers conspiracy case. He earlier ordered that Thomas Caldwell, one of Watkins' co-defendants, should be detained pending trial.
The judge today said that were Watkins to be released, he believes "there is a continued risk" that she "will reaffiliate yourself with these groups and these people."
Read 5 tweets
5 Feb
A federal judge in DC is about to hear arguments on if she should order the release of "Cowboys for Trump" founder Couy Griffin. Another judge ordered his detention, finding Griffin's belief the govt is illegitimate means he wouldn't follow court orders…
Chief Judge Beryl Howell will hear arguments in the appeal: Last week she overturned another magistrate judge's ruling on the release of Richard Barnett, the man who put his feet on Nancy Pelosi's desk. She called his actions "entitled" and brazen."…
Govt says the core of their argument is that Griffin doesn't believe in the legitimacy of the govt, and that would also apply to the court.

Howell notes that he's only charged with a misdemeanor, and most people only charged with that re: the riots are not being detained.
Read 12 tweets
5 Feb
Appearing in DC federal court for his initial appearance is Matthew Mazzocco, who was identified by one of the Pence Fly twitter parody accounts in a tweet that tagged the San Antonio FBI account so I guess they do check their mentions?
He was also spotted in a tiktok video, and someone else recognized him from a youth sports league…
Mazzocco is released with the typical conditions; now appearing is Cody Connell, who feds believed planned to return to DC after the Capitol riots and wouldn't come home "unless he was in a body bag." Prosecutors ask the judge order that Connell not have any guns at all.
Read 10 tweets
4 Feb
Sullivan is now appearing before a magistrate judge in DC. The indictment, which was initially only mentioned in the motion for detention, has since been filed:…

His attorney entered a plea of not guilty for all charges.
Prosecutor says they're seeking Sullivan's detention, but ask the hearing on that be held tomorrow because that motion was filed today. The judge agrees; hearing is set for 3:30 tomorrow.
Yikes: A defense attorney for another Capitol rioter, Matthew Bledsoe, is arguing his client he didn't mean people would be executed in texts he sent, but that it's just a "common belief" under QAnon, that those executions will happen "in the general course of events."
Read 5 tweets
3 Feb
Jacob Chansley's hearing on access to organic food is kicking off in DC. He hasn't eaten in a week+ and lost 20 lbs in DC jail, per lawyer. Jail won't give him organic food bc it doesn't see shamanism as fitting a religious requirement. DOJ opposes release, nothing on food.
Judge Lamberth asks what the legal basis for the motion is; Watkins, Chansley's attorney, says it's a First Amendment issue. Watkins says a magistrate judge ordered the organic food, but Lamberth says the judge said she didn't order that. Watkins said he wasn't the lawyer then.
Judge asks if the lack of access to the food is causing Chansley to abandon his belief, or coerce him to do so. Lawyer says that the lack of organic food, "to the extent that constitutes coercion to deviate and depart from his faith, yes your honor."
Read 12 tweets
3 Feb
Dominic Pezzola, a Proud Boy who's indicted on conspiracy charges, is appearing before a DC magistrate judge. The hearing is to determine whether he has counsel, and not on whether he should be detained which the government is requesting.
Magistrate Judge Robin Meriwether says she expects she'll handle the detention hearing, they're figuring out a date for that.
The govt asked for Pezzola's detention after they said they found a thumb drive in his home with PDFs on how to make homemade weapons. He's also alleged to be in a group where members discussed killing Pence "if given the chance."
Read 10 tweets

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