Back to virtual detention hearing for Morss. Continued from yesterday. DOJ was supposed to correct docket and provide new texts to defense. Judge Harvey presiding.
DOJ: Nothing can protect the community from Morss. Charged with multiple violent felonies - claimed he stole a weapons and assaulting officers. He was near Capitol for 2 hours.
Also allege he stole baton, a shield and a fence.
Important to note cops were attacking protesters.
These hearings are exactly why we need to see most of the video from that day. Cherry-picked video and claims by a partisan, abusive DOJ.
LOL: DOJ did not provide video to court. Only still shots. Judge seems fine with this.
Judge asking if Morss used weapons, prosecutor says he used shield but DOJ not giving court the video. Morss not charged with using any weapons. AUSA Jackson still claims evidence is "overwhelming" that's he a danger to community and must remain detained.
Jesus. Judge and prosecutor now agreeing that his military service should favor release. "He used it against the government on January 6. That factor in a different type of case would be in his favor...but in this case...an Army ranger...actually heightens danger to community."
AUSA Jackson is semi-hysterical. She keeps arguing his experience as an Army ranger and some journal found at his residence (?) means he might potentially try to violently overthrow the government. He also had legal firearms--he didn't bring to DC or certainly use them.
Should *not* favor release. Usually military service weighs in favor of releasing a defendant--judge and DOJ suggest his service should weigh against him.
Defense lawyer: Photos in complaint taken from video does not contain any actions where he is assaulting police officers. Video does show Morss in tunnel with thousands of people but no proof he used shield against cops. "Nothing in this video...to show violence against police."
Defense: Morss received many medals of honor. Did not employ his military experience on January 6. After honorable discharge, got his degree from Penn State, volunteered time to other veterans. FBI raided his home, arrested him early morning hours on his way to work as a teacher.
Defense brings up Lego issue. Calls out government for lying about Capitol Lego set, at first said it was fully constructed when it was in a box. He's a social studies teacher, has lots of historical Lego sets apparently.
Morss mother moved from Nevada to Pennsylvania to be his custodian if he's released. (Morss now in DC jail, has been incarcerated since his June 11 arrest. First time offender like many others.)
Judge to prosecutor: Why haven't I seen video?
She says she needs permission to release USCP footage but can give judge body cam footage and public video to the court. This sounds really weird. Continued coverup of USCP surveillance footage. Judge seems confused by this.
Protective order again in this case on USCP/CCTV footage. Seems like a bad idea to keep this from the courts? "Anything you show to me...I'll issue minute order to release to the public (media) as well."
DOJ says it will have videos to court by Friday. Next hearing is Tuesday.
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Listening in on detention hearing for Robert Morss, the man arrested with Lego set of Capitol. At first, DOJ said it was assembled but it was in a box 🙄 amgreatness.com/2021/07/08/no-…
AUSA Melissa Jackson: “It is difficult to fathom a more serious danger to the community…than the one posed by someone who knowingly and eagerly engaged in a violent insurrection to occupy the United States Capitol and abort the certification of a lawful and fair election.”
Judge Harvey says up front he won’t rule today. Morss is in DC jail, was arrested June 11. Morss has a public defender.
DOJ: Says they found more clothing and new texts discovered re his plans to go to DC. They planned to bring food and water. Something about walkie talkies.
Lots to unpack in new filing today for Dominic Pezzola, arrested January 15. He’s been held in DC jail for months. Lawyers complain they don’t have access to client and client has no access to discovery material:
They want Pezzola out on bail. If not, lawyers asking for a laptop so Pezzola can communicate with defense counsel and review evidence against him @xoner8ed@metcalflawnyc
More evidence of inhumane conditions in DC jail for J6 defendants
My March piece on arrest of Christopher Worrell. He’s been behind bars—transported to Deplorable Jail in DC—for almost 4 months awaiting trial. He’s also very ill
Mehta asking DOJ about progress on 3 Oath Keepers who have been held for months awaiting trial. Watkins, Meggs, Harrelson. Doesn't sound like plea negotiations underway, no trial date set.
Status hearing for Oath Keepers case. Judge Mehta presiding. 13 defendants. Thomas Caldwell asking for change of venue out of D.C.
Caldwell motion: "The Government’s initial charging documents contained multiple misleading, inaccurate, and false statements regarding Caldwell which, having saturated the District’s news media, have irreversibly prejudiced the District’s jury pool."
The motion repeatedly blasts Michael Sherwin, the first prosecutor on the case. "The 60 Minutes interview given by the former U.S. Attorney for the District of Columbia was beyond reckless." Sherwin bragged his office arrested 100+ people before January 20 to stop people from...