Superseding indictment makes it explicit: "The defendants engaged in domestic terrorism, as defined at Title 18, United States Code, Section 2331.” justice.gov/usao-dc/press-…
“The department is very judicious about deploying the term in the first instance, and typically will only do so in the backend of litigation when the facts and circumstances are going to be clear.” huffpost.com/entry/white-te…
“In many instances, the government is going to be constrained, to a certain degree, from stepping in front of a podium and saying, ‘Ladies and gentleman, we’re revealing domestic terrorism here.’” huffpost.com/entry/white-te…
“The fact is, while the U.S. Code defines the phrase ‘domestic terrorism,’ there are currently no penalties attached to that definition. Therefore ‘domestic terrorism’ is not a crime in and of itself under federal law.” huffpost.com/entry/domestic…
“If you’re an FBI agent and you pull a material support for terrorism case… that’s looked very highly upon within the bureau... It’s not going to have the same level of importance if you charge someone with a gun charge who’s a white supremacist.” huffpost.com/entry/domestic…

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More from @ryanjreilly

30 Apr
At a hearing for Capitol defendant Michael Foy (charged with attacking cops with a hockey stick) Judge Tanya Chutkan expressed concern about what she’s heard about the conditions of confinement in D.C. jail.
Judge Chutkan said she understands the government is "prosecuting a mass crime” but she’s particularly concerned about Foy’s pretrial detention because he’s the only Capitol defendant she has who doesn’t have a prior record but is being held pretrial.
In a filing late last night, Foy’s team said trial "is nowhere in sight” and Foy is being held "effectively in harsh solitary confinement” conditions that have been described as a "grave human rights abuse.” courtlistener.com/recap/gov.usco… ImageImage
Read 6 tweets
29 Apr
NEW: The feds have arrested Utah’s Landon Kenneth Copeland for assaulting cops at the Capitol. #seditionhunters #RedPoloRising ImageImageImageImage
“Copeland admitted to fighting with police officers,” on February 11, per affidavit. #RedPoloRising courtlistener.com/recap/gov.usco… Image
Really making some federal prosecutor’s pretrial detention memo pretty easy here. Beginning to suspect some of these Capitol defendants haven’t read the Muncel decision! (h/t @SandySkipper1) Image
Read 4 tweets
29 Apr
The Reporters Committee for Freedom of the Press urges Attorney General Merrick Garland to “make the treatment of the press an essential part” of any policing practices probes. rcfp.org/wp-content/upl… ImageImageImageImage
DOJ’s consent decree with Ferguson put some media protections in place, requiring at minimum supervisor approval before officers made "any arrest of any member of the media, whether formally credentialed or not, including citizen-journalists and live-streamers.” Image
Arresting journalists now costs Ferguson points on their annual review. justice.gov/opa/file/83343… Image
Read 4 tweets
28 Apr
On CNN, DC Police Officer Mike Fanone said it’s a miracle that there wasn’t a higher body count on Jan. 6, and that he’d only seen combat that brutal on a mass scale in the movies.
DJ Rodriguez is currently being held for electroshocking Fanone. huffpost.com/entry/daniel-j…
The feds say Thomas Sibick buried Fanone’s badge in his backyard. More of Fanone’s assailants are still at large. huffpost.com/entry/thomas-s…
Read 8 tweets
27 Apr
Think this is a new one. They had a deportation officer with ICE (who is on a FBI Joint Terrorism Task Force) question a Capitol defendant who wore a "GOD, GUNS & TRUMP” sweatshirt to the insurrection.
Jeffrey Register gave up the goods pretty quickly here, helpfully knocking out elements. He self-surrendered in Jacksonville today, per DOJ. justice.gov/usao-dc/case-m…
Seen a lot of Capitol case affiants, but think ICE deportation officer may be a new one.

Although it’s really Google that did most of the work here.
Read 4 tweets
27 Apr
Judge Chris Cooper is collecting his thoughts on whether to release Richard Barnett (aka “Bigo”) ahead of trial.

A lawyer for “Bigo” argued that FBI special agents are “far more sophisticated than him,” which isn’t really a matter under dispute.
Judge Cooper says Jan. 6 was “deadly serious” and perpetuated by people who were sold and willingly bought a bill of goods about the election being stolen without any proof whatsoever.
NEW: Judge Cooper says he’ll release Barnett under strict conditions. Conditions include home confinement and a ban on possession of weapons “including, obviously, stun guns.”
Read 4 tweets

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