Thread by @innercitypress

OK - now Jan 6 cases of US v. Pezzola, Pepe and Green (who is requesting release) before DDC Judge Kelly. While DOJ is still withholding videos including on Sabol and McCaughey, Inner City Press will live tweet - thread below

https://twitter.com/innercitypress/status/1421478148676460544

Assistant US Attorney: We have videos from other cases that are relevant to these. The government's request is that we set another status in 60 days. It's my understanding Mr. Green does not object. Mr. Pezzola and Mr. Pepe, I don't know

Judge Kelly: I get it that the government wants to leave itself wiggle room, but when will discovery be complete?
AUSA: We are close on Mr. Pezzola and Mr. Pepe, less so Green [who is requesting release]

Counsel to Pepe: How does Chief Judge Howell's decision that grand jury materials can't go to Deloitte because they are not government employees impact us? Is it true now it won't be ready until 2022?
Judge Kelly: I've heard about that third hand

AUSA [Kenerson] - I can't speak to that. We are not going to change vendors.
Judge Kelly: How about corralling the defendants on October 1?
AUSA Kenerson - I'm not available that day. But AUSA Berridge is.
Berridge: No, I'm on trial before Judge McFadden.

Judge Kelly: So Friday Sept 24 at 10 am, we might have to do it differently for Mr. Green, in Northern Neck. Now the others can leave - I'll keep Mr. Green and his counsel to argue their bond motion.
AUSA: I have a 3 pm before Judge Amy Berman Jackson...

Green's lawyer: I asked the local court to arraign Mr. Green on the gun charges. He was released on bail, under our New York statutes. Federally, we acknowledge this is a presumption case, for breaking a window at the Capitol.

Green's lawyer: So in a video, Mr. Pezzola breaks a window. But Mr. Green has already retreated. He did not aid or abet Mr. Pezzola, nor in the robbery of the shield of the police officer.

Judge Kelly: There is a case in this Circuit that when a grand jury indicts, it establishes that fact, at least for purposes of detention. It's on the context of a larger conspiracy. It doesn't matter even if the evidence is weak... for detention purposes

Judge Kelly: So it was other people in the group saying Pelosi, Pence... I'm not sure it matters, for detention purposes.
Green's lawyer: Witness-1 told the FBI that Mr. Green told Mr. Pepe to get rid of 30-round magazines. But Mr. Green had these at his home.

Green's lawyer: Some of these messages, he admits sending. They were a call to readiness. It was a chaotic time in this country's history. They say he referred to a fourth generation war. But in Afghanistan he was supposed to infiltrate the Taliban

Green's lawyer: So to him, 4th generation war means information war. We'd like you to revoke the detention order. He never answered the Capitol. In other cases people who brutally assaulted police officers are being released. Set aside the actions of Mr. Pezzola

Green's lawyer: The guns, he bought them legally. He served his country honorably. After Jan 18 he continued to work. They left him for another three months. With Mr. Green detained, we can't show him the discovery. He has a home here in Syracuse he can set up

Judge Kelly: Government?
AUSA Kenerson: The DC Circuit has ruled in US v. Hale-Cusanelli 20 Westlaw 6816245, nothing in Federal Reporter, that a defendant will no or minor criminal history can be detained. He referred to civil war

AUSA Kenerson: After Jan 6, Mr. Green said, "We'll kill 'em all," according to Witness-1. He said, load the magazines and study guerilla warfare. He talked about Ashli Babbitt and what the Capitol police did to her. Under Hale, he can be detained.

AUSA: He's been indicted by a state court for the firearms. He may have purchased them legally, but he possessed them illegally. No conditions can assure the safety of the community. In Hale, there was concern for a witness. Green talking about an f-ing rat

[Mea culpa: it's GreenE. Still no answer from DOJ, which said Sabol and McCaughey videos on Monday, to Inner City Press' inquiry today.]
Judge Kelly: In Hale-Cusanelli there was no prior planning. But Mr. Greene was wearing an ear piece, like the Proud Boys

Judge Kelly: I am going to deny the motion [to release Greene
Update: just got 4 Sabol videos. But still not action or even docketing by Judge Timothy Kelly on US v. Jensen, Inner City Press asked DOJ (no) so sent this on July 27: documentcloud.org/documents/2101…

Judge Kelly: As to some facts, the parties are in agreement. The US says Mr. Greene traversed the barricades; Mr. Pepe drags a segment away... Mr. Greene replied to someone, We took the Capitol. Witness-1 says Mr. Greene said he would have killed Nancy Pelosi

Judge Kelly: Witness-1 said Mr. Greene said, We'll kill them all. Mr. Greene denies saying these words specifically. But there's a large mosaic I'm relying on to deny the motion. Starting Jan 8, Mr. Greene on Signal said, "I'm re-fit"

Judge Kelly (quoting) "These are the times that try men's souls." Greene also advised the chat room, if you think you are being followed, incorporate double-backs. On Jan 17, Greene wrote, Wake up, no one will fix this but us. This is a fourth generation war.

Judge Kelly: In our society, liberty is the norm [Citing Salerno, Sup Ct. 1987] I am reviewing this de novo. I do find that a rebuttal presumption exists, because of the grand jury indictment and the penalty of 10 years or more, destruction of US property...

Judge Kelly: The evidence here is not overwhelming. But the government is proceeding under an aiding and abetting theory. The grand jury has charged Mr. Greene attempted to interfere with law enforcement during the certification of the election.

Judge Kelly: They used encrypted apps. Mr. Greene says he was not wearing any Proud Boys paraphernalia that day. But he had the ear piece. Witness-1 says Mr. Greene said, We'll kill them all. Clearly, that's provocative [sound] He bought a gas mask

Judge Kelly: Mr. Greene is 32 years old with no record. In 2010 he went to serve in Afghanistan. This is to his credit. But the evidence that he engaged in prior planning, by wearing an ear piece, apparently to communicate with other Proud Boys

Judge Kelly: He ordered ammo and a gas mask. And finally, Mr. Pezzola, I mean Mr. Greene's, possession of an unlicensed firearm, no conditions could assure safety of the community. I do not find that he is a risk of flight. I apologize for the length of my ruling.

Judge Kelly: Anything further? No. [Seems clear he'll deny Pezzola as well.]
Inner City Press still awaiting the requested DOJ video on US v. McHugh & US v. Owens and others.
Soon: podcast and stories on InnerCityPress.com and patreon.com/MatthewRussell…