At a status hearing for Jan. 6 defs Julian Khater and George Tanios, Khater's lawyer says they're v. frustrated he hasn't been able to see discovery at the jail. Judge Thomas Hogan says judges are mtg today to discuss pushing jail officials to explain what's going on with delays
Not the first case where defense lawyers have raised concerns about Jan. 6 defendants in pretrial detention getting access to case materials. Khater's lawyer said they gave the jail materials for him 7 weeks ago, jail staff just tried to open it last week and said they couldn't
Hogan, like other judges, indicates the court is taking access issues seriously re: incarcerated defs. Khater's lawyer also raised concerns about conditions at the jail (inadequate food/sleep), says jail employees have "mocked and ridiculed" Jan. 6 defendants being held.
Recall Hogan ordered Tanios and Khater jailed pending trial (charged w/ conspiring to assault Officer Brian Sicknick), and the DC Circuit affirmed re: Khater but reversed as to Tanios, so he's been released. Nothing else substantive discussed, Hogan set another date for an update
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A judge issued an order blocking Texas's 6-week abortion ban. It's not clear if/when providers will resume scheduling abortions, however — Texas is expected to appeal, and the law anticipates a situation like this and tries to preserve the legal risk buzzfeednews.com/article/zoetil…
In other Jan. 6 sentencing news, the govt is recommending one month home confinement for Eliel Rosa, who went inside the Capitol w/ friend Jenny Cudd (who hasn't taken a deal) and pleaded guilty to parading misdemeanor (got rid of felony obstruction count) s3.documentcloud.org/documents/2107…
Earlier today, a judge in a different Jan. 6 case rejected the govt's recommendation of home confinement for a defendant who pleaded guilty to the same misdemeanor, saying it wasn't enough buzzfeednews.com/article/zoetil…
Another one: Govt recs probation for Jan. 6 defendant Dona Bissey, who went to the Capitol w/ Anna Morgan-Lloyd (who received a sentence of probation) — feds say this was one of a "very limited number of plea offers" where they agreed to rec probation s3.documentcloud.org/documents/2107…
Hello from Judge Tanya Chutkan's virtual courtroom, where sentencing is underway for Jan. 6 def Matthew Mazzocco, who pleaded guilty to one misdemeanor parading, demonstrating, or picketing in the Capitol: s3.documentcloud.org/documents/2098…
"...expressions of contrition are belied by text messages sent to family and friends shortly after the event"
Chutkan chastizes Mazzocco's lawyer for filing their memo under seal w/out getting permission — defense says they had concern about letters from friends/family being public, since at an early court hearing a member of media took a pic of him appearing by video against court rules
Hello from Judge James Boasberg’s virtual courtroom, where back-to-back sentencings are starting soon for Jan. 6 defendants Derek Jancart and Erik Rau. The government is seeking 4 mos in prison for both; the defendants will be arguing for probation
These are the first sentencings where the govt is arguing for prison for defendants who pleaded guilty to a misdemeanor and weren’t already in jail on pretrial detention (recall Michael Curzio and Karl Dresch pleaded to misdemeanors and received sentences for time served)
Jancart is going first for sentencing. AUSA Leslie Goemaat begins by stressing all participants on Jan. 6 were collectively responsible: "There is no riot without rioters." She argues he demonstrated lack of remorse and celebrated what happened
We received another set of Jan. 6 videos, this time from the case of Dominic Pezzola, charged in one of the Proud Boys conspiracy cases. Pezzola is charged, among other things, with using a stolen police riot shield to break into the Capitol s3.documentcloud.org/documents/2069…
Video #1 captures the moment when prosecutors say Pezzola took the shield during a clash between police and rioters — starting at around :28, follow the shield near the right edge of the screen
Video #2, prosecutors say shows Pezzola (ID'd as the man in sunglasses) carrying the shield.
A voice off screen: "You just stole a riot shield?"
"Yeah" (not 100% clear who says that, seems like the person w/ face covering)
"Wow"