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 ==>
Hearing is beginning now ... before federal magistrate judge Michael Harvey
Officer Riley, 50, is being sworn-in
Grand jury has indicted Riley on two counts of Obstruction of Justice (each is 20-year max federal charges)
High-profile DC attorney David Benowitz will serve as Riley's defense attorney. Benowitz is also handling a number of cases involving Jan 6 defendants
Feds will NOT seek to hold Riley is pretrial detention.
Prosecutors want court to order Riley make regular check-ins, prohibit international travel and retain no "firearms" ...
Judge instructs Riley that all firearms must be removed from Riley's home.
Judge schedules Riley to return to court October 26 at 12:30p (virtually) for arraignment
Feds allege USCP officer Michael Riley warned a suspected Jan 6 participant to "get off of social media" after the riot
And they say the suspect later invoked "fake news" response to another warning from Riley ===>
Riley, 50, is a 25-year veteran of the US Capitol Police Dept and member of the agency's K-9 unit
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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"
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: 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