Judge Emmet Sullivan is holding a detention hearing for Michael Lopatic, a Capitol defendant the feds say assaulted officers and stole a police body camera. Sullivan indicated he was leaning towards pretrial detention, but said it is a “very close call.”
Lopatic posted photos of dead pheasants he nicknamed “Joe and Kamala,” “Schumer,” “Nancy,” “Nadler,” and “shifty Shift.”

Lawyer says Lopatic's "political views and hobbies are not linked to his actions on January 6th; they are also protected by the First and Second Amendments."
In court filing, defense team said "Mr. Lopatic is not and never has been a white supremacist (in fact, his wife is Laotian)” and "has no involvement with any organized right-wing or militia groups.” courtlistener.com/recap/gov.usco…
The government argues Lopatic "unquestionably poses a danger to the community” and "would have even more opportunities to unleash violence against those in the government, and to destroy evidence and obstruct the proceedings against him.” courtlistener.com/recap/gov.usco…
Lopatic’s lawyer says he deeply regrets his actions on Jan. 6, recognizes he made a tremendous mistake. Said he was a model citizen before all this.
Lopatic’s charges are not considered crimes of violence, so this detention decision might come down to whether stealing a police body camera amounts to obstruction of justice. Lawyer says it was “stupid” and “wrong” to steal and dispose of the body camera.
Lopatic’s lawyer says that his client and others were motivated by a “false narrative,” and calls the former president’s continuing comments about the election “absolutely reprehensible,” but says his client has now accepted the election.
Judge Sullivan once again says this is a “close call” and says he wants to give it a little more thought before he rules.
Sullivan says all these Capitol cases are different and raise very interesting issues. He said he's going to think about it at least overnight, but recognizes the important of reaching a decision on Lopatic’s detention soon.

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More from @ryanjreilly

23 Apr
A hearing for Danny “D.J.” Rodriguez (who attacked D.C. Officer Mike Fanone) is underway.

Rodriguez is eligible for court-appointed counsel, but the D.C. federal public defender is swamped. So his federal public defenders are from Nevada.

#TaserPrick

huffpost.com/entry/daniel-j…
Rodriguez is now consulting with lawyers. The group @1600PennPooch surfaced the video of him electroshocking Fanone, and he was identified by sleuths and antifascists. Rodriguez was arrested a month after this HuffPost story: huffpost.com/entry/fanone-t…
Magistrate judge read out the maximum penalties for all the charges Rodriguez faces. Up to 20 years. Up to 5 years. Up to 20 years. Up to 10 years. Up to 10 years. Up to 1 year. Up to 1 year. Up to 10 years. He’s now been arraigned, and entered standard not guilty plea.
Read 9 tweets
23 Apr
The Simpsons meme applies to a lot of Capitol defendants. That includes the latest Capitol defendant, who may actually be live-action, middle-aged Jimbo Jones. ImageImageImageImage
Uncanny. Image
Read 5 tweets
22 Apr
"If you think God wants you to do something to violate the court order, and you do it, I will revoke your bond.”

Judge Amy Berman Jackson really struggled with her decision to let Joshua Black out of jail until trial.

My latest:
huffpost.com/entry/capitol-…
“How you understand the Lord’s will and how God might judge you in the hereafter is not my department. Your relationship with God is between you and your pastor and God... My concern is the here and now, and how you behave.” huffpost.com/entry/capitol-…
Government argued that Black “zealously participated in an infamous attempt to subvert the Nation’s democratic process” and was “at the vanguard of the mob.” Jackson found that they hadn’t met the high burden of the Bail Reform Act to keep him locked up. huffpost.com/entry/capitol-…
Read 4 tweets
22 Apr
Judge Amy B. Jackson is currently weighing whether to release Capitol defendant Joshua Black until trial. She said she may rule after a short recess.

Black told the FBI that God sent him on “a mission” and that “the Lord wanted me to go in there and plead the blood of Jesus.”
Judge Jackson made clear that Black’s religious and political beliefs will not factor into her decision, but told Black he’d have to take oath seriously if released.

“If you think God wants you to do something to violate the court order, and you do it, I will revoke your bond."
The government argued Black is "an identified and articulable ongoing threat to others and the community."

Here’s Black’s motion to vacate the order of detention: courtlistener.com/recap/gov.usco…

And here’s the government’s opposition: courtlistener.com/recap/gov.usco…
Read 7 tweets
22 Apr
Morning. Capitol defendants Kyle Fitzsimons, Joshua Black, James Bonet, and Michael Lopatic all have hearings today, and there’s a continued hearing for Charles Donohoe. The Lopatic and Donohoe detention hearings will likely be the most newsworthy.
Tomorrow, there are hearings for Mark Rebegila (arraignment), Brian McCreary (status conference), Kash Lee Kelly (preliminary hearing), Ethan Seitz (arraignment, status conference).
Also tomorrow: a detention hearing for Scott Fairlamb and a hearing to appoint counsel for Danny “D.J” Rodriguez. huffpost.com/entry/daniel-j…
Read 6 tweets
21 Apr
Capitol defendant Anthony Antonio told the FBI that he locked eyes with D.C. Officer Mike Fanone, who was seized by mob and tased.

Antonio said he could see “death” Fanone’s eyes and could not get the image out of his head.

“I didn’t help him when I should of."
Danny “D.J.” Rodriguez has been charged with electroshocking Fanone. Antonio is seen near Rodriguez on video that shows Rodriguez holding a stun gun. huffpost.com/entry/daniel-j…
Here’s @delawareonline’s coverage of the case against Anthony Antonio: delawareonline.com/story/news/202…
Read 6 tweets

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