Status hearing now for Oath Keepers case. DOJ keeps adding defendants; first indictments handed down in January. 3 Oath Keepers have been behind bars awaiting trial/plea ever since. Judge Mehta presiding.
The case is up to 17 defendants; 2 have pleaded guilty to other charges. It's a ridiculous case of "conspiracy." The Oath Keepers entered the building for about 20 minutes, brought no weapons, attacked no one, vandalized nothing. My column here
amgreatness.com/2021/06/03/gov…
DOJ just filed a 5th superseding indictment last week and added charges to existing defendants including civil disorder, a felony.

One judge raised issue of DOJ continuing to arrest new defendants. which will continue to delay trials and government's full discovery obligation.
As I wrote here, DOJ admitted it won't have all digital evidence accessible on a usable platform until next year.

amgreatness.com/2021/07/30/unp…
DOJ claims it will have discovery for "most" defendants by Labor Day. I won't hold my breath.

Contract with Deloitte to build platform. Mehta asks for date when defense can access video, etc. Prosecutor says USCP video, body cam footage might be up in next several weeks.
Mehta warns first trial date is January and does not want it delayed bc government doesn't have all its evidence available to defense. Judges are starting to push back ever gently about big delays in discovery.

DOJ presents cherry-picked video and screenshots in court hearings.
All defendants have joined in motion to dismiss and motion for venue change. Status hearing September 8. Thomas Caldwell's lawyer filed for venue change based on biased jury pool in Washington DC. "District residents have hectored Trump-supporting Members of Congress...
surrounded them in restaurants (e.g., Ted Cruz), congregated around their homes (e.g., Lindsay Graham, Josh Hawley), aggressively confronted them on the street (e.g., Rand Paul), and engaged in incessant “protests” around former Majority Leader McConnell’s home. The level of...
antipathy towards Trump and his supporters in the District is off the charts and makes it impossible to find an impartial jury. District residents, who largely style themselves as chic, sophisticated, worldly, high-brow urbanites, are repulsed by rural America’s...
traditional values, patriotism, religion, gun ownership. That the jury pool loathes Trump supporters is borne out by undersigned counsel’s conversations with some D.C.-based attorneys, who have referred to the defendants as “hillbillies” and “white trash.” LOL
Crowl attorney complaining about superseding indictments. Notes several co-conspirators are still unidentified. Says her client will be delayed because of defendants he doesn't know and warns government won't be ready by January. She says only pleas are cooperation plea deals.
Watkins' lawyer says DOJ claimed there's no CCTV video from area she requested video for that might include exculpatory footage. LOLOLOLOL OK.

14,000 hours. Release the tapes.
Mehta expresses concern about Brady material. DOJ says it's looking for other sources of video "informally" in other cases. So we are to believe that USCP extensive surveillance system did not capture footage on that side of the building where Oath Keepers entered?
Another attorney complaining about Brady, access to all digital evidence. DOJ: "We'll be happy to talk to defense once the database is up and running."

Mehta: It's "troubling" DOJ admitted full discovery won't be up until early 2022. This has been discussed in other cases.
Prosecutors said she hasn't heard that. It was first admitted in Hale case and DOJ is filing motions in other cases explaining why discovery is so slow.

Mehta wants database status by next Wednesday.

Sounds like this is news to him.
amgreatness.com/2021/07/30/unp…
This case is a mess. One attorney notes that even after DOJ gets database up and running, defense will need to set up a SEPARATE system to view and download digital evidence. James' attorney has "grave" concerns about January trial date.

Lawyer: This is "avalanche" of evidence.
Says he has over 90,000 documents, 717 videos. Cites WashPo article that says total video run time is 666 days.

Not sure Mehta will be pleased if DOJ files another superseding indictment in this case.
Joe Hackett attorney filed motion for bail yesterday. He's been behind bars since May so that's 4 Oath Keepers under pre-trial detention. Hearing in a few weeks.

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More from @julie_kelly2

10 Aug
Terrific news! DC Circuit, in appeal of George Tanios, one of the men accused of spraying Brian Sicknick:

"ORDERED and ADJUDGED that the district court’s May 12, 2021 order be reversed and the case remanded for the district court to order appellant’s pretrial
release."
This is HUGE: "On this record, we conclude that the district court clearly erred in determining that no condition or combination of conditions of release would reasonably assure the safety of the community."

Big win for justice. Finally.

ecf.cadc.uscourts.gov/n/beam/servlet…
My reporting on this here:

amgreatness.com/2021/04/26/the…
Read 5 tweets
8 Aug
When will Time publish a front page profile on a new mother killed in the line of duty, shot in the face while policing one of the most dangerous neighborhoods in the country?
Also worth noting. Fanone said he put on an official unworn uniform for the first time in 10 years. This included a body cam. He said he arrived around 3—by 3:20 he was inside the mobbed tunnel on the west side and being attacked?

Release the tapes.

washingtonpost.com/video/politics…
Fanone was super gravely injured but found the strength to call CNN from the hospital to rant about their coverage
Read 4 tweets
6 Aug
Listening to plea hearing for Scott Fairlamb. He was arrested in January, faces several counts including assault of police officer and carrying a "dangerous or deadly weapon." (A baton.) Judge Lamberth presiding.

justice.gov/usao-dc/case-m…
Fairlamb has been behind bars since his arrest. He's now held in DC Deplorable jail.

He's pleading guilty to obstruction of an official proceeding and assaulting, resisting, or impeding law enforcement officers.
Obstruction is a felony punishable up to 20 years in jail. Roughly 200 defendants face that charge. Assault is 8 years in prison. Other counts will be dismissed.

DOJ looking for range of 41-51 months in jail and $2,000 restitution.

Lambeth accepts guilty plea.
Read 4 tweets
6 Aug
I was just going to post this. DOJ is filing this in several cases, including defendants in Fanone "assault" case.
Screenshots of discovery requests cited by DOJ in Sibick, Head, Young case. Lots of video
Fairlamb filing from July 2021: "Due to the extraordinary nature of the January 6, 2021 Capitol Attack, the government anticipates that a large volume of materials may contain information relevant to this prosecution. These materials may include, but are not limited to...
Read 5 tweets
5 Aug
Listening to hearing for Ryan Samsel. He was seen in a red cap confronting police officers on January 6. Judge says Samsel is in a Virginia health care facility. He's been incarcerated since January, arrested and charged with attacking law enforcement. justice.gov/opa/page/file/…
Samsel reportedly was beaten severely by DC prison guards in March. foxnews.com/us/capitol-sus…
Judge Mehta talking about need for surgery. Samsel has expressed concern about having surgery in jail. (He's at UVA hospital.) He had 3 medical appointments today. Unclear whether Samsel will need surgery yet, physicians waiting for report.
Read 7 tweets
5 Aug
Listening to hearing on 5 men charged with numerous crimes related to January 6. Judge McFadden presiding. Status hearing but a few are in pre-trial detention. Government just filed another motion explaining delay in full discovery for this case. As I reported last week...
McFadden was not happy in Hale hearing after DOJ admitted it won't fulfill full discovery obligation until early 2022 at the soonest. AUSA talking about plea offers to the defendants.

DOJ still working on a system to furnish all discovery. "Don't know how or when" it will be up.
McFadden: "I am concerned discovery has been a moving target." Defendants incarcerated for a "number of months." Getting to a point where it's "not acceptable." Says government keeps moving promised discovery deadline.
Read 8 tweets

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