#CapitolRiot defendant Brandon Fellows left voicemail for pretrial services supervision in which he said of her colleague: ‘I know [she] was just trying to do her job and so were the Nazis.’ And: ‘This is how you radicalize people, man.'
Also he explained he didn’t want to come to pretrial services office in Albany, NY because his car was in disrepair and he didn’t want to take bus because: ‘I like starting fights random people over masks.'
Also made comments to pretrial officials about hormones and sex drive and his genitalia. He also allegedly called mother of a pretrial services officer which scared mother & her. Sent officer screenshot of Google search of her. Fellows has said he has mild autism.
Seems certain Fellows is going to be ordered detained pretrial, but he faces fairly modest charges: 1 felony obstruction count and 4 misdemeanors. At least one case I know of prosecutors are discussing plea deal that reduces such a charge to misdemeanor(s).
Another pretrial agent says that when Fellows was asked to seek employment, he submitted a job application to the FBI office in Albany.
Fellows also sent a text to another pretrial officer, regarding a supervised drug test: ‘I'm not going to have anyone weirdly staring at my dick. I’m not a fan of that stuff.'
At some point, Fellows explained leaving rambling, maximum-length voicemails this way: 'It’s fun it passes time. It’s a hobby.’ Judge McFadden asks prosecution to move along: ‘I'm not going to revoke [release] on that basis.'
At outset of this bail revocation hearing, judge seemed to want defense to waive it, but Fellows’ lawyer declined. Now judge says he has another hearing that was supposed to start half hour ago. Tells prosecutor to speed it up.
Fellows also in one message referenced size and performance of his gentialia. When pretrial officer told him he couldn’t look for work that day after missing a mental health appointment, he responded: 'Have you checked your hormones today?'
Fellows then allegedly called the pretrial officer Kendra Rennie's mother’s landline in another state and asked for the officer. Mother’s phone captured the caller ID. 'It was intimidation. It was frightening. It made me nervous,' Rennie said.
Judge asks if mother’s number was listed to Rennie’s name. Rennie indicates her mom was in western Mass. area code. Judge also noted: 'A lot of folks have different areas codes with cell phones the way they are these days.'
Judge says he won’t hold Fellows based on dangerousness. 'I think you’ve shown he’s rude and immature and misogynist,’ he tells prosecutors. Judge now hearing argument on detaining Fellows based on non-compliance with release conditions.
Defense points out while Fellows canceled a mental health appointment, he almost immediately rescheduled it and pretrial did not report that to the court.
Now defense attorney says Fellows isn’t satisfied with her representation and may want to switch lawyers. Statement came after she said he wants to address the court
'It doesn’t seem like I’m really able to get through to him,' she says. Fellows then says he wants to address court today: ‘I've been made well aware of the risk that can come from it I’m willing to accept those risks.'
Fellows: 'For a long time, I’ve been lied about. I’d like to address those lies here today.’ He says he thinks the defense lawyer, Cara Halverson, ‘has good character and has done her best.’ Now, judge in sidebar with attorneys.
Judge McFadden is going to recess until 11AM tomorrow so another lawyer can advise Fellows on the risk of him testifying at the bail hearing. He would be subject to cross-examination by the government, at least on the events at issue in the hearing. ENDS
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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….’
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