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13 Apr, 5 tweets, 2 min read
The two men charged with conspiring to assault Officer Brian Sicknick at the Capitol (se: buzzfeednews.com/article/davidm…) are having their arraignment in DC this morning — George Tanios is going first, pleads not guilty, and AUSA says govt is working on producing "substantial discovery"
Tanios' lawyer says they plan to argue that he should be released pending trial and will file a motion soon to challenge an order from a federal magistrate judge last month granting the govt's motion to keep him behind bars (see: buzzfeednews.com/article/zoetil…)
Appears there was a mix-up regarding Julian Khater's transportation and he's not available for the hearing. His lawyer Joseph Tacopina says they're preparing a "substantial" pretrial release proposal to present to prosecutors, and are prepared to argue it if govt doesn't agree
Judge Thomas Hogan asks the govt and defense lawyers to make sure to address the DC Circuit's opinion in the Munchel case, and indicates the challenge for Tanios/Khater will be that Munchel involved defendants who weren't charged with specific acts of violence (whereas they are)
Clarification to the first tweet in this thread — Khater already had his arraignment on Friday, so this was just a status hearing for him. Here's @kpolantz on that (Khater's lawyer said today they haven't presented a bail package to the govt yet): cnn.com/2021/04/09/pol…

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More from @ZoeTillman

Zoe Tillman Profile picture
15 Apr
Here's the text of the new bill from Sen. Markey and Reps. Nadler, Johnson, and Jones to expand SCOTUS from nine justices to 13. It's been at nine since the Circuit Judges Act of 1869 (fjc.gov/history/timeli…) Image
The fact that there is a bill at all is a sign of how far this movement has come in a short amount of time, but it faces a steep uphill climb from here — GOP will fight tooth and nail, Biden's not on board yet, and liberals aren't united behind it (see: buzzfeednews.com/article/zoetil…)
This bill is just about SCOTUS, and doesn't dive into adding more lower court judgeships — something that the judiciary has asked Congress to do for years, and that liberal advocacy groups have more recently proposed as a way to catch up to the 220+ judges confirmed under Trump
Read 4 tweets
Zoe Tillman Profile picture
14 Apr
A judge is hearing args on the govt's request to keep Kenneth Harrelson, charged in the 1/6 Oath Keepers conspiracy, in jail. One tidbit so far — govt says a member of the OK group was right at the door as the mob breached Rotunda entrance, but that person hasn't been charged yet
Why does this matter? The Oath Keeper indictment charges members with destroying govt property as they breached the doors, incl. under a theory of aiding/abetting as part of the larger mob. So this un-ID'd person would link the group more directly to the broken Capitol doors
It's also just more confirmation that the Oath Keepers case could get bigger. As Rachel notes here, there was another reference by the govt to an unnamed member
Read 21 tweets
Zoe Tillman Profile picture
13 Apr
In the govt's latest brief seeking to keep Capitol riot def. Ronald Sandlin behind bars, they included a cache of texts he recently sent to family and another Jan. 6 defendant (inmates can pay for access to a tablet, which the jail can monitor) assets.documentcloud.org/documents/2061…
The govt argues some of these messages contradict Sandlin's expression of remorse at his April 6 detention hearing — a week before, he'd messaged his mom re: other jailed Jan. 6 defendants: "proud to call them my friends we stood up for what we believed in and sacrificed"
Sandlin had been messaging before/after the 4/6 hearing with Capitol riot def. Nick Alvear, who was granted release a few weeks earlier over the govt's objection. On 4/8 Sandlin wrote him: "i m writing a book and screenplay let's work together on making this a big movie and book"
Read 5 tweets
Zoe Tillman Profile picture
9 Apr
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/…

Prev on the pressure he faces from the left to "pack" the court: buzzfeednews.com/article/zoetil…
Here's the full list of commission members (too many to screenshot): assets.documentcloud.org/documents/2061…

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 —
Read 5 tweets
Zoe Tillman Profile picture
9 Apr
Biden Is Already Facing Pushback From His Own Base On Judicial Nominees buzzfeednews.com/article/zoetil…
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…
Read 6 tweets
Zoe Tillman Profile picture
6 Apr
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…

A judge ordered him jailed after finding his "entitled behavior" showed disregard for the law: buzzfeednews.com/article/zoetil…
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
Read 5 tweets

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