If you're following the #CapitolRiot cases, keep an eye on tomorrow. 15 Oath Keepers will be arguing to have the indictments against them thrown out. Their key argument: The joint session of Congress on January 6 was not an "official proceeding." Docs: storage.courtlistener.com/recap/gov.usco… Image
Other #CapitolRiot defendants facing that obstruction charge – which carries a 20-year max – have put forth similar arguments, including Aaron Mostofsky, the son of a Brooklyn judge. They'll be watching tomorrow's case closely. #CapitolRiot @wusa9
The statements of offense for the 9 #CapitolRiot defendants so far who have pleaded guilty to the obstruction charge have included language affirming that January 6 *was* an official proceeding. The most recent such plea was Duke Edward Wilson, entered this morning. @wusa9 Image
And judges who have heard preliminary arguments against the obstruction charge have expressed skepticism that January 6 was not an official proceeding. There were arguments/objections that were then evaluated & ruled upon, they've pointed out. Not simply ceremonial. #CapitolRiot
So, we will see tomorrow! The hearing is at 2 p.m. before U.S. District Judge Amit P. Mehta. I'll be live tweeting it here on this free website, so follow me if you're interested in that sort of thing. #CapitolRiot @wusa9

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More from @JordanOnRecord

9 Sep
Good morning all. We have a hearing getting started any minute now for Virginia "Jenny" Spencer, of North Carolina. She's accused of entering the U.S. Capitol Building with her husband, Christopher. She is facing the standard 4 misdemeanor counts. #CapitolRiot @wusa9
Spencer's attorney is asking for the question about what medications she has taken over the past 24 hours to be entered under seal. That's a little unusual. #CapitolRiot
Spencer, 38, will be pleading guilty to one misdemeanor count of parading, demonstrating or picketing in a Capitol building. It carries a maximum sentence of up to 6 months in prison. #CapitolRiot
Read 6 tweets
8 Sep
The big Oath Keepers motion to dismiss hearing starts at 2 p.m. before U.S. District Judge Amit P. Mehta. I will be live tweeting it, but you can also call in here:

Toll Free Number: 877-848-7030
Access Code: 3218747

#CapitolRiot @wusa9 @EricFlackTV
There are 15 defendants on this hearing, but the lead defendant in the motion is Thomas Caldwell, of Virginia. He was one of the first Oath Keepers arrested, and the case bears his name (Caldwell, et al). He is represented by attorney David Fischer Sr. (no relation). #CapitolRiot
You can read the full motion in the link in one of the tweets above this, but in short, the Oath Keepers are arguing that the major felony charges against them should be thrown out because the joint session of Congress on January 6 was not an "official proceeding." #CapitolRiot
Read 59 tweets
8 Sep
Good morning all. We start off today with a plea hearing for Frank Scavo, of Pennsylvania. He'll be appearing before U.S. District Judge Royce Lamberth. #CapitolRiot
@wusa9
Frank Scavo is appearing virtually along with his attorneys, Ernest Preate and Matthew Corcoran. AUSA in this case is Seth Adam Meinero. #CapitolRiot
Scavo's attorneys say he has sat for two interviews with the FBI and has entered into a cooperation agreement with the DOJ. "He is ever-regretful of having committed this crime." #CapitolRiot Image
Read 4 tweets
7 Sep
In addition to the Oath Keepers hearing tomorrow, we have two plea hearings for Russell James Peterson (f*** your feelings hoodie) and Frank Scavo ("End the Rain Tax" mask), both of Pennsylvania. These are both (unrelated) misdemeanor cases. #CapitolRiot @wusa9 @EricFlackTV ImageImage
Then on Thursday there's a plea hearing for Esther Schwemmer, of Kansas. She entered the Capitol with her friend, Jennifer Parks, who is pleading guilty later this month. Both misdemeanor cases. #CapitolRiot @wusa9 @EricFlackTV Image
Finally, on Friday, we have two double plea hearings. The first is for Bruce Harrison and Douglas Wangler, both of Illinois. Both misdemeanor cases. #CapitolRiot @wusa9 @EricFlackTV ImageImage
Read 4 tweets
7 Sep
Alright, we are getting started with the plea hearing for Duke Edward Wilson, of Idaho. Follow along for live coverage. @wusa9 @EricFlackTV #CapitolRiot
Awful, audio quality again. It sounds like Wilson is calling in from the International Space Station.
Duke Edward Wilson will be pleading guilty to two counts: assaulting police with a dangerous weapon and obstruction of an official proceeding. These are both felony counts. This is the second guilty plea in an assault case. #CapitolRiot @wusa9 Image
Read 11 tweets
7 Sep
Attempting to listen to the status hearing for Brandon Fellows – a #CapitolRiot defendant seen on Baked Alaska's stream with his feet up on a table in Senator Merkley's office. Audio quality is very bad, though. @wusa9 Image
I can truly only hear like every third word.
Brandon Fellows, against the advice of his attorney, is going to address the court. He says he has 9 minutes worth of things to say. #CapitolRiot
Read 12 tweets

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