Hello from Judge John Bates' virtual courtroom, where J6 defendant Federico Klein (former Trump admin appointee) has a status hearing. Prev: buzzfeednews.com/article/zoetil…

Govt says they've made a plea offer but no response yet from Klein and his lawyer
Klein's lawyer Stanley Woodward says they're concerned about volume and pace of discovery turned over so far, incl. whether feds pulled any evidence from Klein's phone and extent of videos from that day
Woodward says plea offer extended this week is not "reasonable" but they're open to negotiations. He says he wants the case to move along, says Klein's pretrial release conditions are v restrictive and requests to go for a run or get gas during the recent shortage were denied
Govt defends amount of discovery turned over so far, says cache includes new video and disputes that they have to turn over absolutely everything publicly available from Jan. 6 if they don't intend to rely on it at trial
The lawyers spar a bit over how to characterize the nature/amount of evidence the govt has turned over so far, and Bates cuts it off, saying it doesn't sound like he's actually being asked to rule on anything right now, and asks both sides to try to work this out among themselves
Bates indicates he's becoming less amenable to continuing to give the govt extensions, saying it doesn't sound like they're that much farther along in turning over evidence than at the last hearing. But in the meantime will push it out another ~30 days (govt asked for 30-60 days)
It appears pretrial services believes Klein violated his release conditions and wants him on home incarceration instead of home detention, but the filings are under seal and so far we're not getting details about happened, besides the fact that something happened on May 29
Bates says Klein "did something that is wholly inconsistent with the conditions that he is under" and called some sort of "movement" by Klein a "serious violation," but also says there isn't evidence of a pattern of behavior
Ah Bates offers some more details — Klein called in to say he had been drinking and wasn't in a condition to be able to get home and asked to stay somewhere else overnight, he was told no he could not, but got a longer window to get himself home
Bates isn't going to change Klein's pretrial release conditions for now, but warns it'll be bad for him if something else happens: "You should have known better than to put yourself in that circumstance"
That's a wrap. Also a good reminder that home detention is different from home incarceration — former allows a defendant to leave home for things like work, education, religious services, doc appts. The latter requires preapproval for everything but court and medical necessity

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More from @ZoeTillman

9 Jun
After a protracted legal fight, former WH counsel Don McGahn finally testified by the House Judiciary Committee re: the Mueller probe, and the committee has just released the transcript: judiciary.house.gov/uploadedfiles/…
Recall that we already know a lot of McGahn's version of events, since he talked to Mueller: buzzfeednews.com/article/zoetil…

As Chair Nadler notes, the agreement reached for McGahn to testify incl. that he could only be asked about publicly avail. info in Mueller report:
At least at the start, McGahn is careful to avoid answers that stray from the literal text of the Mueller report.

Asked about a section saying Trump told Sessions to resign after learning about Mueller's appointment, McGahn replies: "I don't quibble with the syntax."
Read 14 tweets
9 Jun
DOI IG's report is out concluding US Park Police decided to clear Lafayette Park on 6/1/20 for reasons unrelated to Trump's photo op that day: doioig.gov/sites/doioig.g…

It's a reminder of how much confusing info there was in the aftermath about who ordered what and who did what
Recall that the next day, a round of stories came out quoting an anonymous senior DOJ official saying then-AG Bill Barr had ordered the park cleared in advance of Trump's visit after arriving and being surprised to find it hadn't been cleared yet
The WH had also said Barr gave the order. But then a few days later, Barr spoke to the AP and said that he was aware of the plan to expand the security perimeter, but said that he did *not* order Park Police to clear the square when he visited apnews.com/article/1a993a…
Read 6 tweets
9 Jun
Midnight filing: J6 defendant Robert Gieswein is arguing to be released from pretrial detention — he's charged with using a baseball bat and chem spray against police, but disputes the evidence is clear that he physically attacked anyone assets.documentcloud.org/documents/2080…
What about Gieswein's participation in a group called the Woodland Wild Dogs, which he had described as a militia? His lawyer argues it's not anything the judge needs to worry about.

As of one of his friends put it: "They are just a group of friends who like guns and Star Wars."
Gieswein's lawyer is basically arguing that the govt has overblown the constellation of allegations and evidence (baseball bat + chemical spray, body armor/helmet, militia references) and contends he wouldn't have acted as he did in a "in a smaller, less riled-up crowd"
Read 4 tweets
8 Jun
Deep dive: On what we know so far about how much (or how little) prison time alleged Capitol rioters are facing buzzfeednews.com/article/zoetil…
Predicting outcomes is tricky early on, but there are few general truths:
- The vast majority of defendants plead guilty
- Maximum penalties provide context, but rarely reflect actual sentences, and that's already shaping up to be true in the Jan. 6 cases buzzfeednews.com/article/zoetil…
What do we know:
- 200+ misdemeanor-only cases so far, max sentences between 6 mos-1 yr. Expect defendants who plead guilty and have minimal criminal history to get far less than the max, good chance some will argue for no prison time, unclear how judges will respond to that
Read 7 tweets
8 Jun
New, with more to come: DOJ under Biden is keeping up the previous admin's effort to take over Trump's defense against a defamation lawsuit filed by writer E. Jean Carroll — an effort Biden criticized during the campaign.

First brief under new admin: assets.documentcloud.org/documents/2079…
Story: DOJ is keeping up an effort to try to take over Donald Trump's defense against a defamation case filed by writer E. Jean Carroll — an effort Biden criticized as a candidate last fall.

Key phrase in tonight's brief? "institutional interests" buzzfeednews.com/article/zoetil…
This is the latest case that tests DOJ's traditional role of defending the power and prerogatives of the executive branch — any executive branch, regardless of president. What's unusual is that Biden had weighed in on this case specifically. buzzfeednews.com/article/zoetil…
Read 9 tweets
7 Jun
Douglas Jensen, charged with chasing Officer Eugene Goodman inside the Capitol on 1/6 and possessing a knife, is arguing to be released from pretrial detention: assets.documentcloud.org/documents/2079…

Recall Jensen didn't fight jail when this came up a few months ago: buzzfeednews.com/article/zoetil…
Jensen's lawyer argues:
- notwithstanding weapons charges + accusation of chasing after Goodman, he's not accused of actually touching anyone
- he didn't intend to go to the Capitol and try to stop Congress, but was caught up in QAnon and deceived by Trump
Jensen had been involved in plea talks with the government, per previous updates in his case. Today's motion suggests a deal is still possible ("in the event the parties arrive at a disposition...") but it's up in the air
Read 5 tweets

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