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.
Judge Lamberth: "I will tell you up front: I've never seen a pro se defendant actually succeed."
I have been having trouble hearing Judge Lamberth's audio all week, and it is continuing today.
Alan Hostetter has asked Judge Lambert to appoint him a legal advisor, but asks that they have no association with Skull & Bones, Free Masonry "or any other organizations that require oaths or vows of secrecy." #CapitolRiot@wusa9@EricFlackTV
Alan Hostetter suggests he wants to present a defense based on several Revolver News articles about alleged "informants" and corruption within the #CapitolRiot investigation.
Hostetter also says there are financial reasons for him to represent himself pro se. He says it's a "government strategy" to try to bankrupt people and destroy their reputations if they can't convict them. #CapitolRiot@wusa9
Judge Lamberth says if cost of legal counsel is an issue, he could appoint Hostetter's lawyer as a CJA counsel. Hostetter wants to represent himself though.
Judge Lamberth is going to give Alan Hostetter 30 days to file an affidavit until he grants him leave to represent himself pro se. DOJ asks where they should send discovery in the meantime. It'll go to Hostetter's attorney, Karren Kenney.
DOJ says they have concerns, based on a video Alan Hostetter posted earlier this week, that Hostetter doesn't understand the protective order would bind him from releasing discovery in the case. #CapitolRiot@wusa9
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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, 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.
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