Judge Mehta has rebuffed defendants' request to set a trial date now in Oathkeepers’ #capitolriot case, which keeps growing, standing at 16 defendants, with several others referenced but uncharged. Doc: bit.ly/3vFu1Je
Judge still talking about splitting trials into 2 or more if necessary because of impracticality of a trial that large. Of course, some defendants will likely plead out.
Carmen Hernandez, atty for deft Donovan Crowl: 'My concern is we’re at 16 defendants at this point and if the govenrment’s going to be be seuprseidng every two months, I don’t know where we end….’
Hernandez also suggested others mentioned but not named in the indictment, such as OK founder Stewart Rhodes, are likely to be added as defendants….He is uncharged at this time, but referred to as “PERSON ONE” in the indictment….
Atty for Thomas Caldwell says Caldwell will likely need further back fusion surgery in coming months
Caldwell was supposedly keeper of the much-discussed quick reaction force outside DC on 1/6. But lawyer David Fischer makes him sound feeble: 'Mr. Caldwell rarely drives. He’s typiclal consuming a lot of pain medication.'
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Trump is claiming absolute immunity (again), saying that his speech on 1/6 and his actions challenging the election were taken in his official capacity as president. Brief also takes obligatory shots at some standard Trump targets...
Says Maxine Waters is 'far more culpable' for her statements related to Chauvin/George Floyd, than anything Trump said. Brief also says Swalwell makes 'poor decisions,' and references alleged honeytrap/China episode.
In court, #CapitolRiot arrestee Freddie Klein's defense attorney confirms POLITICO report that Klein was 'working the #FOIA desk' at State Department around time of the Jan. 6 assault. Earlier: politi.co/3eb9mXm
Klein's phone had 90GB of data on it, and prosecutors just got access to it this week because a taint team had to go through for possibly atty-client material.....
Govt struggling w/video at this hearing. I will predict that judge releases Klein w/conditions, probably GPS.
Note: Unlike a similar filing in Oregon a couple weeks ago, this new one has sign-off of DOJ HQ's National Security Division. DOJ wouldn't say if it signed off on the earlier one.
The new Main-Justice-approved brief appears to omit the provocative claim that prosecutors' use of the statute, which has an interference-with-commerce provision, was appropriate because many #BLM demonstrations included paid protesters.
Gina Bisignano, Beverly Hills nail salon owner and charged in #capitolriot was arrested in L.A. five weeks ago and still stuck in system. Currently, in Oklahoma, perhaps at Marshals Service transport hub there. Bail hearing underway now. Earlier: politi.co/3a1rnoJ
"She certainly drank the Trump Kool-aid," defense lawyer Charles Peruto said. Says his client didn't do anything more than shout into a bullhorn on 1/6. "In reality, this is nothing, but free speech."
Judge Carl Nichols, uses phrase I think bespeaking his generation, says defendant was right there as the crowd was 'wailing on' police. Prosecutor says she abetted man who broke window in Capitol: 'She has her hands on him. She’s touching him and directing him.'
JUST IN: Carson City, NV judge hearing election challenge filed by Trump electors has set a hearing for 12/3 at 130PM local. Will allow 15 depositions for each side between now and then. Atty is @SidneyPowell1's co-counsel in Flynn case, @jbinnall.
Binnall said part of the challenge is over the use of Agilis scanner and signature matcher. 'It is important, for sure, but is far from the main meat of our challenge," he said.
We could see fight over secrecy relating to witnesses. Binnall said he wants a protective order b/c of threats, but idea that a presidential election challenge will be resolved based on secret testimony seems highly implausible. List of challenger witnesses due by 5PM local tomw
Not sure what to make of it, but only lawyers who signed this brief are Marc Scaringi and Brian Caffrey. Also the brief throws Kerns under the bus, says she was responsible for the 1st Amended Complaint Trump campaign now says was erroneously filed.
Another Q for the lawyers: if you cite a district court opinion that has been stayed by published appellate court opinion, are you supposed to note that as well? Like this one: bit.ly/370aJD3