Heads-up... the group of accused OathKeepers appear for hearing in Jan 6 case at 11am. This is a particularly high-level case, alleging conspiracy
(Some of the same defendants are also being sued by injured Capitol Police)
This hearing begins with lengthy discussion of challenges in prepping & sharing the voluminous evidence in these cases. Feds have described the tonnage of video, phone evidence & tips as "unprecedented".. as Jan 6 is potentially the largest criminal investigation in US history
And these challenges in compiling evidence risk delaying the Jan 2022 and April 2022 trial dates in this case.
Standby... it's about to slide
Defense lawyer for one of the accused OathKeeper conspirators who's being held in pretrial detention is arguing about challenges in communicating and reviewing evidence. And leans into yesterday's contempt finding against DC jail warden
Defense lawyer says conditions in DC jail are likely "violations of law"... then argues about lack of shaves and haircuts for inmates... then says
"Two hard boiled eggs and four slices of bread is not a meal"
!! Judge responds to defense lawyer, "It's not just January 6th defendants being held in these conditions"
Defense lawyer for one of the defendants in pretrial detention in DC jail says he does NOT want trial delayed beyond Jan 2022
This is growing issue.. Trials are likely to slide down calendar in*multiple Jan 6 cases.. w/ different impacts because only some are in pretrial jail
The accused Oathkeepers jan 6 case is a huge case, with many defendants. The plan has been to divide the defendants into two groups... with different trial dates
All of this planning seems aspirational, there's some backlog & ongoing COVID restrictions in DC federal court
Judge is digging in... saying the APRIL 2022 trial date in accused OathKeepers case will NOT be delayed due to any evidence production issues
"That's 6 months away", he says
Sounds like we will NOT be having a first trial in the accused OathKeepers case in January, at the approximate one-year anniversary of the Insurrection
This is pushed to Spring... at the earliest
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NOW: Court hearing for newly charged US Capitol Police officer. Officer Michael Riley is accused of obstruction... of warning Facebook friend who was at Capitol on Jan 6 to delete pictures
One alleged message: "I'm a Capitol police officer who agrees w/ your political stance"
More of alleged warning message sent by Capitol Police officer to suspected Jan 6 participant: "Take down the part about being in the building they are currently investigating and everyone who was in the building is going to be charged"
Feds allege Capitol Police officer Riley deleted his facebook messages with suspected Jan 6 participant... after the suspect alerted him that the FBI was asking questions ==>
Happening now: Jan 6 defendant Joshua Doolin is in court. He's arguing to be freed from having to wear a GPS ankle bracelet
Among his arguments, the ankle monitor interferes with his playing basketball and causes "annoying blisters"
(He's pleaded not guilty in case)
Defense argues the ankle monitor also limits Doolin's ability to work as a bread delivery man... due to distances he needs to travel and prior malfunction of ankle bracelet
Defense is also arguing that the *lengthy*, laborious process of compiling evidence in Jan 6 cases by prosecutors could require a lengthy period on GPS monitoring for Doolin
STANDBY: Hearing begins soon in the unique Jan 6 case of Guy Reffitt of Texas. Reffitt's accused of carrying gun in mob -- and pleaded not guilty to charges
He's arguing to move case from DC to Texas, citing media & Cap fencing.. invoking Watergate ==>
Judge is peppering defense lawyer about why "pretrial publicity" concerns in Jan 6 case(s) can't be addressed during jury selection
Defense: "Those same folks lives are being impacted & disrupted by allegations.. after January 6, DC was occupied.. by troops"
Defense lawyer seeking to move Jan 6 case of Guy Reffit to Texas says this about DC jurors: People who'd be the jury in a Jan 6 case.... live w/in 8 miles of where January 6th took place. "That's something they have to live with... that's in their face.. as a daily reminder"
Another Jan 6 defendant is seeking to serve as his own lawyer. Hearing in 10 minutes.
Standby ......
And it's a particularly high-profile defendant. Alan Hostetter of California. Per charging documents, Hostetter led the American Phoenix Project and used it to support Trump, protest 2020 election, "advocate violence" against certain groups
As I reported earlier this week, Hostetter's defense filed a motion on Columbus Day saying he's invoking his right to proceed with "self-representation"
STANDBY: Sentencing is beginning in Jan 6 case of Robert Bauer. Bauer pleaded guilty to misdemeanor. Feds argue "Bauer has shown no remorse for being part of this unparalleled crime"
He has criminal past.
His judge went *above* recommended sentence yesterday in other case
Feds are seeking 3 months jail for Bauer and co-defendant Ed Hemenway.
They both have histories: Hemenway has criminal history for sexual battery. Bauer has drug cases and told feds he began distributing marijuana while in elementary school
His lawyer says Bauer lost his job because of arrest.. and has trouble finding new work in the community in which he lives
(Many Jan 6 defendants have acknowledged losing jobs due to their arrests or notoriety)
NOW: DC federal judge is is threatening to hold the director of Washington DC Dept of Corrections in contempt, alleging failure to abide by court orders in handling of medical records of inmates in Jan 6 cases
Judge just accused the jail of "incompetence" in handling of court orders
One of the J6 inmates at the jail is Chris Worrell, who has a litany of medical conditions, including non-Hodgkins lymphoma & broken right hand
Judge wants medical records and alleges DC jail has not been following orders