STANDBY: Hearing is beginning in case of accused Jan 6 conspirator & Proud Boy Zachary Rehl, who's been seeking to get released from jail until trial
Feds allege Rehl was a "leader" and "organizer" and texted "CIVIL WAR" started on Jan 6
Defense begins by arguing lack of evidence showing “Rehl” was a leader. Judge interjects, “isn’t it fair to characterize the accusations of (indictment) are showing leadership?”
Defense argues it won’t be possible for Rehl to “impede the electoral college again”…. Trying to make the case that Rehl is not a danger if released from pretrial detention
Prosecutor says there's nothing "new" or "material" being presented by defense to warrant releasing Rehl
"No legal basis to disturb the decision" from months ago to hold Rehl in jail until trial
In court motion, prosecutor says "In a private message to co-conspirators on the day after the attack, the defendant declared, “I’m proud as f*** what we accomplished yesterday"
In court filing to hold Rehl in jail, feds also allege:
"In public messages, he celebrated the attack, stating, THIS is what patriotism looks like, and he condemned the (police) who sought to defend the Capitol and those inside, stating, “They deserve to be tarred and feathered"
Feds also allege Rehl sent this message on Jan 7:
"Trump basically conceded. We lost our country, we shoulda held the capital" .. and “Once Pence turned his back he was f***ed..."
So... the jail has a one-hour limit on time it provides inmates for virtual court appearances.. so they're going to have to wrap up this hearing. Judge warns attorneys & Rehl that COVID is still limiting courthouse operations.. and jury trials are still a long ways off
Judge won't be issuing order today. Rehl's co-defendants (other accused Proud Boys) are back in court tomorrow before the same judge. Likely to talk more about possible trial dates
Zachary Rehl, who allegedly texted "CIVIL WAR STARTED" on Jan 6, 2021 .... remains in jail
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ALERT: US Marshals report they’ve conducted unannounced inspection of DC jail Central Treatment Facility, the complex where Jan 6 inmates are held. Inspection “did not identify conditions that would necessitate the transfer of inmates from that facility at this time.”
But……
The other section of jail complex, the Central *Detention* Facilty (which holds other federal inmates from and in the District) failed inspection. Did not “meet minimum standards” Agency says it’ll move those federal inmates to prison facility in Lewisburg, PA (more)
This is a damning indictment of DC’s long troubled jail complex. But also an indication that the Jan 6 defendants are getting better conditions than others arrested on federal charges in and near Washington DC. Noticeably better.
New court filing indicates pair of accused Oathkeeper conspirators seek release from DC jail ahead of trial in Jan 6 case.. citing their objections to getting COVID vaccine in jail
DC jail is NOT requiring the vaccine per our reporting .. & per update in this case in docket
Take a look at this. Judge specifies that he does NOT want to hear about conspiracy theories in defendant's argument about vaccines or "or propagating fringe views about COVID-19"
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Per my latest reporting, there are 45 US Capitol riot defendants in the DC jail. Mostly men. They're being housed in the (relatively) newer Central Treatment Facility, which has had fewer heating, water leak roblems
They're in separate unit.. that inmates call "Patriot Wing"
Court hearing NOW in Jan 6 case of Alex Harkrider & Ryan Nichols. They're accused of having tactical gear at Capitol.. and Harkrider's accused of carrying tomahawk
Both have pleaded not guilty
Standby
Harkrider's case has been distinctive from the start
In July, feds cited danger of Donald Trump's ongoing false claims & *right-wing cable news* in effort to hold Harkrider on home detention
Defense lawyer says "we aren't anywhere near the realm of realistic possibilities" for a plea agreement, based on prior offer from feds
In late night filing, Natl Archives details what Donald Trump is trying to shield w/ executive privilege
Visitor logs, call logs, switchboard logs from Jan 6
"Drafts of speeches, remarks, and correspondence
concerning the events of January 6"
(more)
Per court filing, Trump also sought to shield a handwritten note from Jan 6, "multiple binders of the former press secretary", "presidential activity calendars"
(more)
Trump also seeks to shield "a draft proclamation honoring deceased Capitol Police officers Brian Sicknick and Howard Liebengood" and an outside memo "regarding a potential lawsuit by the United States against several states President Biden won".. and *emails*
High profile Jan 6 defendant Kyle Fitzsimons, accused of grabbing police & wearing butcher coat amid riot, seeks to move his case out of Washington
New motion says calls a DC jury "the most politically prejudiced jury in the country" & says facts of case center on Trump
In request to move case from DC, Fitzsimons argues DC jurors are "barraged with political propoganda" by the media.. and criticizes President Biden for calling Jan 6 rioters "a bunch of thugs, insurrectionists, political extremists, & white supremacists"
MORE: Fitzsimons change of venue motion argues:
"Many individuals who attended the Trump rally at the Capitol on January 6, regardless of entry into the Capitol, have been “canceled” and fired just due to their association with the incident."
Sentencing begins in minutes in Jan 6 case of Eric Torrens. It's a low-level case.
But there were fireworks yesterday, when a co-defendant was sentenced. Judge accused feds of "tying the hands" of judges w/ misdemeanor plea deals from the US Capitol riot. Stay tuned
Torrens is speaking in court.. "I shouldn't have done that"... "I take responsbility for actions that day.. I apologize for what I did .. I know I will pay for it today"
Defense seeks 1-2 years probation
Same judge just gave probation sentence to prior two defendants
Standby
Judge: The entire legislative branch, including two Vice Presidents, were endangered