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
As an aside: This hearing has been plagued with technical difficulties and delays. The judge's connection has cut out (he warned at the start that he is somewhere with an iffy connection) and Harrelson's connection from jail has cut out several times
AUSA reiterates claim made in a filing this week (assets.documentcloud.org/documents/2061…), that the govt believes the Comfort Inn in Ballston was a "quick reaction force" site for the Oath Keepers — where members stashed weapons and were on stand-by to potentially "ferry" them into DC on Jan. 6
The govt included a pic from the hotel that they said shows Harrelson rolling what appears to be a "rifle case" out on Jan. 7. AUSA says they had evidence of other OKs carrying similar cases at the hotel, and one had an item under a sheet or linen with the "outlines" of a rifle
Harrelson's lawyer is up, and she's arguing to distance him from the "stack" of Oath Keepers identified by the govt that moved towards the entrance in a line, saying images show Harrelson to the side, and yelling words of encouragement towards the crowd generally
The govt has argued that Harrelson was ahead of the stack and served as a leader urging them to go forward, and that messages before and after speak to his leadership role within the group of alleged conspirators
Harrelson's lawyer argues that the govt's evidence most concretely supported that there was preplanning by the Oath Keepers to provide security details for Roger Stone and other speakers on Jan. 5/6, and anything more about what they planned to do at the Capitol is "speculation"
The judge asks about the evidence of Harrelson yelling/gesturing towards the "stack" and his lawyer says there is "no question" that he was encouraging them, but argues that he wasn't the only one doing so
Harrelson's lawyer says the govt has no evidence that he knew Jessica Watkins, another person charged in the Oath Keepers conspiracy: "...so much of what the govt has alleged is based on the actions and, significantly, the rhetoric of other individuals"
Judge asks about messages Harrelson sent re: resigning from the OKs but then later comms with leader Stewart Rhodes — didn't that show "a degree of deceit", the judge asks. Harrelson's lawyer says no, that those messages could show he wanted to disavow and then changed his mind
Rhodes hasn't been charged in connection with Jan. 6 and is referred to as "Person One" in filings, and the lawyers have tried to stick with that today, but there's been a few slips. For more on Rhodes: buzzfeednews.com/article/kenben…
Judge Amit Mehta took a short break after hearing arguments re: Kenneth Harrelson's motion for pretrial release (Harrelson has been in jail since his arrest and the govt is arguing to keep him there) is now back on the line and about to announce his decision
Mehta says the govt's evidence is "somewhat ambiguous" about whether Harrelson took a leadership role with respect to charged conduct — as opposed to lawful activities by the OKs — but he feels the evidence is stronger in terms of his intent to obstruct Congress that day
Mehta notes that unlike in other cases involving the OK conspiracy, the govt has presented evidence about Harrelson's movements within the Capitol that support the allegations that he was actively searching for lawmakers, as opposed to being an "accidental tourist"
Mehta says the govt's evidence also supports a finding that Harrelson poses a danger a la other OKs who have been detained (Kelly Meggs and Jessica Watkins) — comms with Stewart Rhodes before and *after* Jan. 6, deleted messages, prepared to have weapons "at the ready"
Mehta says that having presided over all of the Oath Keepers cases in recent weeks, he believes the evidence the govt has presented in Harrelson's case is the strongest to date that there were plans to have a "quick reaction force" ready to bring guns into DC on Jan. 6
Now: Kenneth Harrelson, charged in the Oath Keepers' conspiracy on Jan. 6, will stay in jail pending trial. Judge cited the govt's evidence that he was involved in stashing weapons outside of DC for a "quick reaction force" and was "actively" looking for lawmakers in the Capitol
Prosecutors have alleged Oath Keepers planned to have a "quick reaction force" with a stash of weapons on Jan. 6. They shared new evidence today, saying hotel surveillance video showed members with what appeared to be rifle cases and a rifle under a sheet buzzfeednews.com/article/zoetil…
Earlier this week, the govt shared an image from the hotel surveillance video that they said showed Kenneth Harrelson w/ one of the purported rifle cases. A judge ruled today that Harrelson posed a danger going forward, and ordered him to stay behind bars buzzfeednews.com/article/zoetil…
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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…)
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
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
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"
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/…
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