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…
Just now, Texas has filed notice that it will appeal tonight's order temporarily halting the state's 6-week abortion ban. Up to the 5th Circuit, where Texas is likely to ask for an immediate stay of Pitman's injunction. buzzfeednews.com/article/zoetil…
Here's AG Merrick Garland on the SB 8 prelim. injunction (which Texas is already in the process of appealing): "Today’s ruling enjoining the Texas law is a victory for women in Texas and for the rule of law." buzzfeednews.com/article/zoetil…
This is one of those opinions where the judge does a lot of work in footnotes. In early sections, Pitman uses them to explain why people seek abortions, why "heartbeat" isn't accurate at 6 weeks, and how Texas made some errors in its handling of the case buzzfeednews.com/article/zoetil…
Pitman writes that even though SB 8 is enforced via civil lawsuits filed by private citizens, he's not buying that Texas isn't in the driver's seat: "Indeed, the State has its prints all over the statute." buzzfeednews.com/article/zoetil…
The White House weighs in on tonight's SB 8 ruling and notes that Biden supports codifying Roe v. Wade. Pitman in one section of his opinion pointed out that there is "remarkably little legislation" on the subject of federal abortion regs buzzfeednews.com/article/zoetil…
That section reminded me of rulings we got re: Trump-era exec branch actions on immigration where judges kept noting that courts wouldn't have to keep getting involved if Congress would just do something about immigration
Sentencing is set to begin soon in the case of Jan. 6 defendant Robert Reeder — he'd pleaded guilty to one misdemeanor, but his Aug. sentencing got pushed back when new videos surfaced hours before the hearing that appeared to show him assaulting police: buzzfeednews.com/article/zoetil…
Prosecutors ultimately decided not to press more charges against Reeder, but notified the court that they'd be arguing for 6 mos in prison (the max for the misdemeanor he pleaded guilty to) instead of the 2 mos they'd originally recommended
Prosecutors will argue he wasn't a "tourist" (buzzfeednews.com/article/zoetil…) and highlight his online activity promoting election conspiracy theories and confrontation w/ police
Hello from Judge Emmet Sullivan's virtual courtroom, where a plea hearing is underway for Jan. 6 defendant James Bonet. Govt featured screenshots of what Bonet allegedly posted from the Capitol, incl. what appears to be him smoking weed inside s3.documentcloud.org/documents/2046…
Sullivan began by asking Bonet why he's decided to plead guilty.
Bonet: "Um, I think it's because I agree what was said about me and everything."
Sullivan: "You're pleading guilty because you're guilty of this offense?"
Bonet: "Yessir."
Bonet had been indicted on one felony for obstructing an official proceeding, but is pleading guilty to a misdemeanor for entering and remaining in a restricted building — class A, max sentence of up to 1 year in prison, judge says est'd guideline range is 0-6 mos
Last night, a federal judge in Texas halted enforcement of the state's 6-week abortion ban. Texas filed a notice of appeal, but as of now there is no docketed action in the 5th Circuit. We'll continue to provide updates as this all unfolds. buzzfeednews.com/article/zoetil…
US District Judge Robert Pitman denied Texas's request to place his own ruling on hold if he granted DOJ's request for a preliminary injunction:
"This Court will not sanction one more day of this offensive deprivation of such an important right." buzzfeednews.com/article/zoetil…
An immediate practical effect of Pitman's injunction is that state courts in Texas are prohibited from accepting, processing, or doing anything else to facilitate the private lawsuits that SB 8 permitted to enforce the abortion ban. buzzfeednews.com/article/zoetil…
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.
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