Awaiting Oath Keeper hearing...

Carmen Hernandez (attorney for Dominic Crowl): Shelli, when will this interminable discovery end?

Michelle Peterson (attorney for Jessica Watkins and a senior public defender): 2028
Peter Cooper (attorney for Laura Steele): In 2024 there'll be a new administration and all charges will be dropped.

Someone else, not sure who: That would be fine if my client weren't in pre-trail detention.
Note: that should have been Donovan Crowl. My apologies to him.
After Katrhyn Rakoczy says she doesn't know when the big discovery release will happen, Judge Mehta turns to Peterson to find out where the PDs are on their side of the database.

"We are close to being to share w/all defense counsel to get license ... free of charge."
Rakoczy says the've scheduled a reverse proffer with everyone who wants one (meaning the govt shares the evidence USG will use against them at trial). They've done 8-9 and a few more scheduled.
"A couple of disclosures that might be relevant or material to the defense."

And names of people referred to by person-numbers, & names of people who've bene involved in coordinating or planning, 14 Signal chats that govt has IDed as most significant planning & coordination.
Peterson describes that Watkins is still on the waitlist to get discovery.
Julia Haller jumps in, without IDing herself (I didn't realize she was on the case, along with Stanley Woodward). She's concerned about inadequate access for out-of-staters.
Brad Guyer for Kenneth Harrelson claims that he would normally not be in detention.

Also complaining about amount of time Harrelson spends in his cell. Guyer calls it "the hole," but I'm not sure that's right. Guyer mentions the contempt finding.
Guyer says that if the camera showed Harrelson, who has not had a shave or haircut, he would look like the Taliban or Unabonber.

Mehta notes that ALL DC jail detainees are experiencing those conditions.
Mehta notes that local counsel are able to visit their clients. Guyer is out of state (PA?).

He's now trying to both stipulate and agree to waiving speedy trial.

Guyer says they acquiesce to moving Jan trial to April.
Mehta formally vacates the Jan trial date, meaning April will be the first Oath Keeper trial. April 19.
Mehta: It's simply not acceptable to hear govt saying they're continuing to work on it for me and I suspect other members of the bench.
Mehta: I would like status report within a week that tells me exactly when lawyers will get this information. 5%, 10%, 15%, schedule for uploads, so we will know when defense counsel and defendants will have access. i want to know when defendants who are incarcerated will get it.
Mehta says he's treating all 1512 motions as applying to all defendants. Unclear whether he'll hold a hearing.
Hernandez: Continue to be concerned about how discovery coming in. Last week we got 14 new Signal chats. We only got it a week ago, my client charged in January. Reason is ongoing investigation. 29 persons, we know ID of 8 of them. I don't know what ongoing investigation means.
Hernandez: I'm concerned there's no outer limit. It's impossible to get a handle on a case where there's no outer limit to ongoing investigation.

[Mentions Person#1]

Mehta: There's nothing I can do about it. Can't order govt to stop collecting evidence.
Mehta: If we get to a point in time where this presents prejudice to client, we'll deal with that. We're not even close to that. Not up to fed judiciary to tell USG when to stop investigating.

Hernandez: If court sets deadline for discovery. Any evidence by date certain.
Ulrich's lawyer describes sitting in reverse proffer, presentation was a powerpoint. He wants to know if Mehta can compel production of powerpoint.

Mehta says probably not, bc that'd be work product.

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More from @emptywheel

14 Oct
Jacob Wiedrich, in plea hearing, says college wasn't for him. He's going to get an electrical cert.

He's early 20s tho.
Hogan says Wiedrich's worst sentence would be 6 months in prison. Wiedrich says, "I thought 6 months in jail."

Not a dummy.
For anyone wondering, Hogan has read the entire Statement of Offense himself.

Now we're learning about Wiedrich's walk through Rotunda. He yelled at law enforcement. Posted a video to Snapchat.

"We ride for Trump, we die for Trump."
Read 5 tweets
14 Oct
In Alan Hostetter hearing, where he has asked to go pro se.

Lamberth starts by asking whether his current lawyer advised him how foolish this was. Describing 2 pro se defendants getting themselves convicted last year for 25 years, both in their 40s. That's where I'm coming from
Lamberth (who is 78) says he's never seen a pro se defendant succeed.

"I would never represent myself."
Hostetter says finances have something to do with his desire to go pro se. Not leaving on bad terms. Would like court to appoint official advisor. One request for vetting, not have any background with Skull and Bones or any other society requiring secrecy.
Read 10 tweets
13 Oct
Was listening to Cudd hearing AFK.

She's pleading to 1752, not 5104, presumably bc she pushed for Revolution.

A little contention over whether there was an earlier plea.
Marina Medvin making it clear that the standard terrorism enhancement language is still in the plea agreement.

BREAKING: Medvin agrees terrorism enhancements are part of these pleas.

Told ya so.
Oh yeah, also: Jenny Cudd may be the second best educated Jan 6 defendant to plead guilty, after Graydon Young.
Read 4 tweets
13 Oct
Note how Area Substacker makes a claim here--Jan 6ers have been subjected to extra harsh measures--that could be true according to some measures (if you consider they attacked cops during a pandemic) but is mostly unproven propaganda.
In fact, Trump appointee Trevor McFadden noted that the detentions of Jan 6ers are actually SHORTER than other detained defendants in DC in a recent Speedy Trial ruling.
Also, I know having only reviewed this issue for months Glenn wouldn't have time to check the docket, but there are several defendants who've pled guilty that may still be in DC Jail: Fairlamb, Palmer, Chansley, Smocks, and Meredith Jr.
Read 4 tweets
13 Oct
In this hearing DC Circuit (not sure who) says there's no public info on false statements analysis.

That's not true. The false statements analysis of Jeff Sessions is public.
Adding, whoever this is claims that the false statements are lies to grand jury.

That's only true of one of the redacted declinations.

One of the lies *might* be Steve Bannon lying to Congress.
Finally, ONE of the false statements declinations involved KT McFarland, whose investigation Billy Barr liberated in an attempt to tamper in 2020.
Read 4 tweets
13 Oct
Meanwhile, in the Bauer/Hemenway sentencing, Bauer's attorney is claiming that he posted to Facebook as an invitation to the FBI to come get him.

Judge Chutkan is not buying it.
"For a working man that was what he thought was best at the time."
Bauer: Whatever it has done to me personally, it probably isn't enough to repay the debt that it has one to society.

A lot of those atrocities that happened that day, if lesser people weren't there they might have been able to handle that. I'm sorry to the families.
Read 5 tweets

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