Biden will sign (we don't have text yet) an exec order today officially forming a commission to study SCOTUS reforms, incl. whether to add seats. NYT has details: nytimes.com/2021/04/09/us/…
There are two former federal judges, Nancy Gertner (Mass. federal district court, Clinton nom, liberal-leaning) and Thomas Griffith (DC Circuit, W. Bush nom, conservative-leaning)
Here's the full text of Biden's EO establishing a commission to study the various proposals to reform SCOTUS: whitehouse.gov/briefing-room/…
A few observations now that we have the text —
Here's the section detailing what the commission's report will cover. It calls for "an appraisal of the merits and legality of particular reform proposals" but doesn't say that the group has to present it's own policy/legislative recommendations
The timeline for the commission's work is somewhat open-ended — the group has to produce a report to Biden within 180 days of the first public meeting, but the EO doesn't set a deadline for when that first meeting must take place
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This week, a coalition of public interest orgs sent a letter to the White House expressing concern that Biden's first group of judicial nominees didn't include anyone "with genuine experience representing consumers and workers" buzzfeednews.com/article/zoetil…
A lot of groups on the left praised Biden's first list of nominees, but some tempered it with similar concerns about the professional diversity issue. And two Latino civil rights groups slammed the initial slate for featuring only one Latinx nominee buzzfeednews.com/article/zoetil…
Richard Barnett, the man photographed with his foot on Nancy Pelosi's desk during the Capitol riot, is making another push for release: assets.documentcloud.org/documents/2058…
Barnett attempts to draw a line from the George Floyd protests to the Capitol insurrection: "...while in no way equivocating their experience to the horrors of racism, they too began to complain how they have been ridiculed and exploited for generations by America’s ruling class"
Barnett is the latest Jan. 6 to try to relitigate pretrial detention in light of the DC Circuit's ruling in the Munchel case, which raised the bar the govt has to clear in cases that don't involve specific allegations of violence, property destruction, or leadership that day
A hearing is about to start in the case of Joseph Biggs and Ethan Nordean, two alleged Capitol rioters charged in the latest Proud Boys conspiracy case — they'd been granted pretrial release, but the govt is now arguing they should be held in light of the new charges + evidence
Biggs and Nordean are arguing the govt's new evidence (the govt focuses on messages exchanged before/during 1/6) doesn't actually speak to the grounds the govt is arguing for detention — which involve allegations they were involved with property destruction — or dangerousness
To link Nordan and Biggs with the property destruction element, AUSA Jason McCullough ties them to Dominic Pezzola, who is charged with using a riot shield to break a window — McCullough says Pezzola is a coconspirator who is just charged in a different indictment
A judge is hearing arguments now on Capitol riot defendant Garret Miller's motion for pretrial release. Aside from charges re: participating in the insurrection, he's accused of tweeting "Assassinate AOC" and talking about hanging a Black US Capitol Police officer after Jan. 6
Miller's lawyer begins by noting the recent DC Circuit ruling in Munchel (buzzfeednews.com/article/zoetil…), which raised the bar for pretrial detention in these cases. Judge Carl Nichols says he's "well aware" of the opinion
New: Biden's first slate of judicial nominees is out, with a focus on diversity. His circuit picks include two former public defenders, and all are Black women:
- Judge Ketanji Brown Jackson, DC Circuit
- Tiffany Cunningham, Federal Circuit
- Candace Jackson-Akiwumi, 7th Circuit
Biden's district court picks include nominees who would be the:
- first Muslim American district judge (Judge Zahid Quraishi, NJ)
- first AAPI woman on the DC federal district court (Judge Florence Pan)
- first BIPOC woman on the Maryland district court (Judge Lydia Griggsby)
Finally, there's a nominee for DC Superior Court: Judge Rupa Ranga Puttagunta, a local administrative judge
Shortly after prosecutors filed noticed they were no longer seeking detention for Eric Munchel — photographed at the Capitol in tactical gear holding zip tie handcuffs — and Lisa Eisenhart, a judge entered orders releasing them to home detention buzzfeednews.com/article/zoetil…
The govt's decision to back down from the monthslong fight to keep Munchel and Eisenhart in jail comes a few days after the DC Circuit set a new, higher bar for prosecutors to clear to get pretrial detention in the Capitol insurrection cases buzzfeednews.com/article/zoetil…