STANDBY: Court hearing begins in minutes in high-level Jan 6 case of Jeff McKellop, who is accused of assaulting police while wearing gas mask & military-grade gear
McKellop has pleaded NOT GUILTY and is making another attempt to get released from jail pre-trial
McKellop is former member of US Special Forces. Feds previously cited, "The defendant’s training and experience and the chilling strategy apparent in the defendant’s conduct, which appeared to be to disable or disarm law enforcement officers wielding riot-control spray"
Feds argue McKellop has shown a "short fuse" in court hearings
From their argument to hold him jail.. "The defendant made insulting comments about the staff at the Department of Corrections and indicated that he needed a different judge and a different venue for his case"
Prosecutors included photo of officer who was allegedly stabbed by McKellop in their court filings.
Warning: It could be considered graphic ==>
McKellop argues, among many things: "There is no evidence of prior planning, and although Mr. McKellop wore tactical gear, which he otherwise used in the performance of his job as a security contractor, he
did not bring a firearm, bladed weapons..."
Hearing has begun. Defense cites length of time McKellop has already been detained... and the long wait that likely awaits due to voluminous process of preparing discovery
Defense attorney says it's as if "Mr. McKellop has been indefinitely detained"
ALERT: Defense attorney cites reporting that people (arrested) might have been in discussions with officials at White House before January 6. Attorney cites that as "new information" just received. This appears to be a reference to the Rolling Stone report
Defense lawyer indicates the new reporting might impact what some defendants argue in court
His lawyer says McKellop's "psychological and emotional state" are impacted by the long pretrial detention. "This is a person who's never been incarcerated in his life," his attorney argues
Defense says McKellop has been "crying" ... "it's had a significant impact on him"...
Referring to pretrial detention and impact on his family
Defense says McKellop did not encourage others to enter Capitol.... and that he was inside for only minutes
Lawyer is trying to build contrast between McKellop, who has no criminal record, and other defendants who *do* have criminal pasts
Defense says McKellop wasn't "erratic" during prior hearings (as alleged by feds)
Defense says McKellop is "frustrated".. "he's not a person who's been in this position before"
(She appears to be arguing this ordeal might be easier for those who served previous jail time)
Defense attorney says she's advised McKellop NOT TO SPEAK during today's hearing
Prosecutors cited outbursts from McKellop at prior hearings as one reason to hold him in jail
Defense lawyer, "At the end of the day thousands of people made really bad decisions"
Lots to unpack in that statement
Judge expresses concern that this case (and others) could be "languishing"
He asks (rhetorically I believe): "At what point are we going to be ready to have trial in this case?"
Judge acknowledges complications are being experienced for Jan 6 defendants in DC jail. Those defendants have argued there are problems getting access to evidence, computers, lawyers... and good hygiene
Judge is taking break.. for another hearing. He says he might take the matter "under advisement" for ruling later today or at a later date
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Court hearing is beginning in high-level US Capitol riot case of group of accused Proud Boys, including Domenic Pezzola, who's accused of smashing open Capitol window w/ riot shield
Pezzola has been seeking release from pretrial detention in DC jail. Among his many arguments, Pezzola says "access to personal hygiene.. is nonexistent".... defendants face "harsh treatment" and "human rights violations" in the jail
One-by-one ... federal judge is swatting down Pezzola's argument for release from DC jail, including Pezzola's claims about the physical conditions and access to computer/lawyer in the jail
STANDBY: Hearing in high-level Jan 6 case of Thomas Sibick begins in 15 mins. Sibick will argue for release from jail. He says he's volunteered for "solitary" amid friction w/ other J6 inmates
He's accused of assaulting officer, stealing badge & radio. He pleaded NOT GUILTY
Among many arguments, Sibick's defense says a repeat of Jan 6 is unlikely. He argues recent Trump rallies have not led to violence, even though the "Former President has continued to advance his conspiracy theories and factually-unproven.. claims"
Sibick's defense adds, "The one rally that was scheduled for Saturday, September 18, 2021, in Washington, D.C., and where violence was anticipated, turned into an embarrassment for the organizers, as attendance was extremely low."
STANDBY: Sentencing begins in minutes in the Jan 6 misdemeanor case of Thomas & Lori Vinson of Kentucky
I'll be covering this. In footnote of filing this week, Thomas mentioned he'd been asked to testify by the House Jan 6 Select Committee. Let's see if that comes up today
Per feds, Lori Vinson said she was among first 100 people in Capitol, stayed for 40 minutes... then got fired two days later
Vinson has pleaded guilty to misdemeanor of "unlawful picketing" in Capitol. Standby for sentencing
US Justice Dept seeks 30-day jail sentence for Lori Vinson, citing need for "general deterrence of similar conduct in the future"
Heads-up.... court hearing begins shortly in Jan 6 case of Eric Bochene of NY... who had previously sought to represent himself in case and asked court to pay him fees of $75,000/hour and $50 million for blood samples
(Just to be clear: Court did NOT accept the fee structure)
Here's some of Bochene's requests for fees. Note the signature ===>
Federal prosecutor tells judge the Justice Dept has sent plea offer to Bochene. "Mr Bochene should have an opportunity to review that," prosecutor says
Bochene, "At this point I haven't gone through the letter too much, but it does not look very appealing to me"
STANDBY: US Attorney General Merrick Garland is set to testify before US House Judiciary Committee in moments
With possibility of Jan 6 and Steve Bannon questions galore
Garland has been sworn in. Now giving opening statement
Statement says "The violence we witnessed that day was an intolerable assault, not only on the Capitol and the brave law enforcement personnel who sought to protect it, but also on a fundamental element of our democracy"
Garland is asked about the possibility of prosecuting Steve Bannon for contempt of Congress. His response echoes that the US Attorney for DC’s spokesman told us yesterday. Here’s the clip ===>
Spokesperson for Sen Ron Johnson (R-WI) issues statement about the Senator's HOLD on the confirmation of the nominee for US Attorney for DC
(That's the prosecutor who will oversee Jan 6 prosecutions & possibly Steve Bannon contempt case)
-Thread-
Spokesperson says Sen Johnson will release the hold when the US Justice Dept responds to Johnson's June 7, 2021 questions about "unequal application of justice" for those arrest for Jan 6.. and those arrested in 2020 unrest
An acting US Attorney for the District of Columbia is overseeing the prosecutions, pending confirmation of nominee Matthew Graves