We have a status hearing starting now for former Special Forces soldier Jeffrey McKellop. He's on the line, irate, with his attorney. wusa9.com/article/news/n…
The DOJ says a plea offer remains pending in the case, but they have not had further conversations with McKellop's attorney about that. DOJ is asking for another status hearing in 30 days.
McKellop has asked Judge Carl Nichols to reconsider his detention status. DOJ says they oppose that, and also that he can't meet the conditions required to reopen a detention hearing anyway.
DOJ says if there was a new bond hearing they would likely ask the officers McKellop is charged with assaulting if they would like to speak, which they would be allowed to do so under the Crime Victims' Rights Act. Judge Nichols wants a written response from the DOJ.
Short hearing. Jeffrey McKellop will be back in court on October 25 at 3 p.m. He's requested the hearing be in person, as relatives will be flying in from California to attend it.
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STARTING SOON: The Justice Department will argue the Trump administration did not violate a court order over the weekend by deporting alleged Venezuelan gang members under an invocation of the Alien Enemies Act. wusa9.com/article/news/n…
Chief Judge James Boasberg: "I've called today's hearing solely to perform fact-finding about the government's compliance with my order."
Judge Boasberg says he's not planning on issuing any rulings today.
The DOJ has appealed both his TRO over the weekend and his decision to hold this hearing today -- although the latter, at least, to no avail. DOJ also now wants Boasberg removed from the case.
This hearing has gotten a slow start as Judge Reyes presses both sides to establish some agreed facts. For one, she asks DOJ attorney if the plaintiffs are all fit to serve:
“We don’t dispute that they are all physically and mentally fit to serve under the current policy.”
Judge Reyes: "If we had President Trump here right now, and I asked, ‘Is this a transgender ban?’ What do you think he would say?”
DOJ attorney Jason Lynch: "I have no idea your honor."
Reyes: “I do. He’d say, ‘Of course it is.’ Because he calls it a transgender ban.”
Judge Reyes isn't satisfied with either side's definition of transgender. She says the plaintiffs' is too narrow and runs into the same problems as the Doe 2 v. Trump case from the 2017 transgender ban.
Government's definition she says is too broad and ill-defined.
Changing gears a bit, at 3 p.m. there's now a hearing on a lawsuit filed last night by the foreign service workers union seeking to halt the Trump administration's wholesale dismantling of USAID, which they say has generated a "global humanitarian crisis."
The hearing is getting started. On the government's side is Brett Schumate, the acting assistant attorney general heading up the DOJ's Civil Division.
Schumate says the Trump administration is "unwilling to alter their current plans."
Trump's order pardoned people *convicted* of crimes related to Jan. 6.
Defendants still awaiting trial or sentencing -- the vast majority at the jail -- have not been pardoned. Trump ordered their cases dismissed. That's not going to happen at 11 p.m. on a federal holiday.
The two people apparently released from the jail tonight, the Valentin brothers of Pennsylvania, were sentenced on Friday. Thus, pardoned and released. wusa9.com/article/news/n…
The confusion is understandable. Pardoning is something the president can do by fiat. Dismissing a federal case requires a U.S attorney to file a motion with the presiding judge, who then must grant the motion and order the defendant's release.
STARTING NOW: Rudy Giuliani is back in federal court in D.C. as a judge hears arguments about whether he should be held in contempt for allegedly resuming defamatory statements against two former Georgia election workers. wusa9.com/article/news/p…
Judge Beryl A. Howell starts off by saying she'd hoped, after sitting through the civil trial and agreeing to a consent agreement, Giuliani would "stop saying such fabricated lies. Especially publicly."
Ruby Freeman's and Shaye Moss's attorney, Michael Gottlieb, says it's "implausible" that Giuliani was talking about anyone other than his clients on his podcast.
"Mr. Giuliani knew exactly what he was doing in making these statements," Gottlieb says.
BREAKING: In an apparent first, the DOJ says it will GO TO TRIAL on the newly narrowed Jan. 6 obstruction count.
Federal prosecutors say they believe their case against an Ohio couple can hold up even after the Supreme Court's ruling. wusa9.com/article/news/n…
The DOJ says it will prove Donald & Shawndale Chilcoat intended to obstruct Congress and "critically, they were aware that his proceeding involved records, documents, or other things — specifically the electoral votes that Congress was to consider." wusa9.com/article/news/n…
It's unclear whether Judge Kollar-Kotelly will agree the DOJ's evidence is enough to sustain the charge, or if it will hold up on review before the D.C. Circuit.
But, the DOJ's outline does align closely with how Justice Jackson said it *might* be done. wusa9.com/article/news/n…