OK, we're getting started in Judge Mehta's virtual courtroom with a status hearing for 16 Oath Keepers. Four of their co-defendants have already taken pleas. Mehta is still considering a motion to dismiss the obstruction charge they all face. #CapitolRiot@wusa9@EricFlackTV
Here's my story from last month about the Oath Keepers' arguments as to why their obstruction charge, the most serious felony they face, should be tossed. wusa9.com/article/news/n…
Judge Mehta is pushing the DOJ on where they're at in discovery: "5%? 10%? 50%?" DOJ attorney says she can't say.
DOJ says last week it provided the Oath Keepers' attorneys 14 Signal chats showing "some of the most significant planning and coordination chat." We have received snippets of it in filings, including messages about the planned "quick reaction force." wusa9.com/article/news/n…
Sounding like the late-January trial date for the first batch of Oath Keepers is going to get pushed back. Defense attorneys say they aren't confident they can prepare for it based on all the discovery that still hasn't been disclosed.
Kenneth Harrelson's attorney says the detention conditions he's under make it impossible to prepare for his defense. Notes that the warden of the D.C. Jail was just held in contempt yesterday (read about that below). wusa9.com/article/news/n…
Harrelson's attorney Brad Guyer angrily says there are #CapitolRiot defendants, including his client, who are veterans and are being held in abysmal conditions in the D.C. Jail. Says they're getting "two boiled eggs" as meals and can barely get access to phone calls.
Judge Mehta points out that, whatever the conditions in the D.C. Jail, all of the inmates there are subject to them – not just the #CapitolRiot defendants. Also says he's not here to litigate those issues today.
NEW: Judge Amit P. Mehta *vacates* the late-January trial date set for the first round of #CapitolRiot Oath Keepers defendants as all defense attorneys agree there's still too much discovery that hasn't been disclosed to them. @wusa9@EricFlackTV
"You've got to get to a point, and you've got to get to a point soon, where defense counsel has access" to discovery materials, Judge Mehta tells the DOJ. "It's simply not acceptable." Wants a status report within a week telling him exactly where they're at. #CapitolRiot@wusa9
"It's not good enough for me anymore to continue to hear 'we're working on it,'" Judge Mehta says. Says he realizes the case is unprecedented, but there are defendants charged with serious offenses and they have rights to speedy trials.
Judge Mehta: "That April trial date is not going to move because of preparation. You're on notice of that."
Defense attorney says she's concerned there's "no outer limit" of the number of persons the DOJ could add to the case or the amount of discovery they could find.
"There's nothing I can do," Judge Mehta says. "I can't order the government to stop its investigation."
The defense attorney there was Carmen Hernandez, who is representing Donovan Crowl. She's been one of the most willing to push the DOJ (and Judge Mehta) on the pace of these cases.
The Oath Keepers will be back before Judge Mehta for a status hearing on December 6 at 11 a.m.
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NOW: @CapitolPolice Officer Michael Angelo Riley is making his initial appearance now before a magistrate judge. He's represented by attorney David Benowitz, who is also representing a number of other #CapitolRiot defendants. @wusa9@MikevWUSA
Riley is going to be arraigned on the two counts of obstruction of justice against him. Magistrate Judge Michael Harvey will then determine whether he should be released on pretrial detention.
Quite a few hearings here in the 10 a.m. hour. I'll be listening to a motion hearing for Guy Reffitt, the Texas Three Percenter accused of threatening to harm his family if they talked to authorities after the #CapitolRiot. @wusa9@EricFlackTV
Getting started in Judge Friedrich's courtroom. Guy Reffitt is being arraigned on the new superseding indictment against him. Also two motions to consider, including the government's motion to vacate Reffitt's November trial date.
There's also a motion from Guy Reffitt asking for a change of venue out of D.C. to Texas. Reffitt is arguing, as other #CapitolRiot defendants have, that D.C. is to prejudicial against conservatives/Trump supporters. Every judge who's heard this argument so far has rejected it.
Ok, now at 12:30, Three Percenter Alan Hostetter is set to ask Judge Lamberth to allow him to represent himself. Hostetter is under indictment on four counts, including felony counts of conspiracy and obstruction of an official proceeding. More: wusa9.com/article/news/n…
Worth pointing out that earlier this week, another #CapitolRiot defendant, Brandon Fellows, attempted to represent himself in court and wound up admitting to two new felonies. wusa9.com/article/news/n…
Judge Lamberth tells Alan Hostetter that in 2020 he had two defendants represent themselves pro se. Both of them were convicted at trial and were sentenced to decades in prison. Another defendant who tried to represent themselves broke down when a friend was called as a witness.
Getting started this morning with a plea hearing for Brian McCreary, of Massachusetts (red arrow below) before Chief Judge Beryl Howell. He's under indictment on 5 counts, including a felony count of obstruction. #CapitolRiot@wusa9@EricFlackTV
Brian McCreary will be pleading guilty to one Class "A" misdemeanor count of entering or remaining in a restricted building or grounds. As @ZoeTillman points out: He's the latest #CapitolRiot defendant indicted on a felony count who is pleading to a misdemeanor only.
Chief Judge Howell is going over the statement of offense now for Brian McCreary.
"You followed the mob? You followed the people being destructive?" Howell asks.
Final #CapitolRiot hearing of the day is for Thomas Gallagher, of New Hampshire. He's being sentenced on one count of parading in a Capitol building. The DOJ is requesting 1 month of home confinement + 6- hours of community service. storage.courtlistener.com/recap/gov.usco…#CapitolRiot@wusa9
The audio quality is pretty bad on this one. DOJ is difficult to understand. Judge Nichols says "everyone" (i.e. DOJ, probation and defense) recommended he impose a non-jail sentence.
Thomas Gallagher is one of 6 co-defendants who were among the few actually arrested inside the Capitol on January 6. But the DOJ says his actions were on "the lower end of the spectrum." Also notes he worked for the DoD for 32 years before retiring. #CapitolRiot