Thread by @julie_kelly2

Now listening in on status hearing for Tim Hale-Cusanelli. Judge McFadden presiding. He's been behind bars since January, faces no violent charges. Wrote about the case here:

amgreatness.com/2021/07/12/the…

DOJ: Plea offer extended after last hearing. Government didn't hear back from defense attorney because he cannot get a hold of Hale in DC jail. "Cannot meet with his client or hear from his client." This DIRECTLY CONTRADICTS what DC DOC said in a statement yesterday.

DOJ wants Hale to plead guilty to felony count of obstruction. "If we do set a trial date, the government cannot meet discovery obligations until early 2022." That's a conservative estimate, she says. Slow-walking discovery to force defendants into plea deals. "We need time."

Judge asks if part of discovery problem is people keep getting arrested for Capitol protest. "Volume of evidence is unprecedented."

Arrest first, get evidence later. This is happening in nearly every single case.

DOJ still has no functioning platform for all video evidence. Preposterous.

Judge: My concern is government chose to arrest someone over six months ago and detain him. Not violent, no criminal history. "That does not feel at all what the Constitution, Speedy Trial envisions."

LOL DOJ: He didn't commit a violent crime but January 6 was a violent act and a violent crime.

Judge: "You would not arrest and gather evidence later?" That's not how this works, he says.

DOJ: Video somewhere that's exculpatory or incriminating. Takes time to locate. WTF!

DOJ: Constraints are real for defense lawyers not being able to contact their clients in DC Jail. I have heard Hale's lawyer has been trying unsuccessfully to reach him all week.

McFadden is NOT HAPPY. Government chose to charge him and seek his detention for nonviolent crimes.

DOJ: No trial date set before early 2022. During last hearing, McFadden said he agreed that, given Hale's incarceration, a trial should commence in fall 2021. McFadden raising 6A violations.

Crisp (Hale attorney): Tried all week to reach Hale. Did not hear until this morning.

Crisp asking for Nov 2021 trial date. If not, he will ask for Hale's release and agree to later trial date.

Judge: I "made it clear" I wanted a 2021 trial date because Hale is incarcerated. AUSA says she can't commit to a date this year.

Judge: "I'll pick." Asks for November 9.

DOJ: We can't meet discovery before that.

Judge: "I am concerned about constitutional rights at issue here. I don't think I can detain someone this long."

DOJ explaining 550+ defendants/evidence slowing discovery.

ARREST FIRST, MAKE CASE LATER. The new laws for J6 protesters.

DOJ arguing discovery is important to the defendant. The video evidence is "incalculable."

McFadden: "Freedom is also important to the defendant."

"No system exists to wrap its arms around" all the video evidence. Just to reiterate: DOJ has no platform to house, transfer, and give defense access to evidence. "It cannot be done today or a month."

Government may be ready to meet discovery obligations by early 2022.

McFadden: Government told me discovery would be available by June or July. Now you're telling me next year.

DOJ: This is a Constitutional tradeoff.

McFadden: We have a trial date of November 9. Pre-trial conference October 29. Asking if that works for DOJ.

He's not having it.

Asking court for standing order to force DC jail to allow defense lawyers to see clients with 24/48 hour notice.

McFadden says no.

Hearing over. Hale, a nonviolent offender for which the government has no case, remains in jail for the foreseeable future.

Biden's America.