Court hearing set for today at 11am in DC federal court in Donald Trump's executive privilege challenge against the US House Select Jan 6 Committee
Before federal judge Tanya Chutkan
We are underway. And moments into argument from Trump’s lawyer, judge interjects to question how exec privilege argument isn’t undercut by Trump being a *former* President
Judge: “How are visitor logs privileged?”
Judge is forcefully peppering Trump lawyer with questions about how Trump could seek to shield records from Congress about Jan 6… since Jan 6 was an assault on the Capitol where Congress functions. Then judge acknowledges the doc request made of Trump is very “broad”
Trump lawyer: “A former President has rights”
Judge responds unequivocally- a former President has fewer rights when the current President waives the executive privilege
Judge also asks Trump lawyer to “dial back the rhetoric” when Trump attorney references “document dump”
Judge says she doesn’t see a “separation of powers issue”… she sees a dispute between a former President and the current President
Rough start for team Trump
Judge and Trump attorney both specify there’s no precedent for what Trump is asking.
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Access Code: 3850112
Upon further review of my notes… federal judge described US House Select Jan 6 committee document request of Trump as “alarmingly broad”
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Rep Marjorie Taylor-Greene visited Washington DC jail last night, with approval of DC government. Congresswoman says she toured the older central detention facility, from which 400 inmates were ordered moved by Marshals due to substandard conditions
(more)
Taylor-Greene also visited the Central Treatment Facility, where Jan 6 defendants are being held
Taylor-Greene had a lot to say about that part of the tour.... specifying concern that the jail isn't offering job training, education or legal training programs in the Jan 6 wing
Taylor Greene rejects argument from one of the recent Capitol riot defendants that the "J6" wing is "cult"
She says inmates might feel pressure to denounce Trump and that the former inmate "took that route to get out"
DC mayor office has just issued statement about MTG visit..
Court appearance begins shortly for US Capitol breach defendant who's indicated he's a "sovereign" citizen, has sought to defend himself in case.. and even proposed charging the court $75,000/hour for his legal services
This hearing has either been postponed or cancelled. (checking on that)
But there's other news in case.... Bochene wants a change of venue. And he's filed a colorful motion seeking to move case from DC
(standby)
Among many things, Eric Bochene argues it'd cost him a lot of $$ if his criminal trial is held in DC.
Quoting now: "The financial stress upon the myself (the alleged injuring party) would cause unnecessary suffrage to me given fuel costs, travel times and accommodations.."
STANDBY: Sentencing is beginning in Jan 6 case of Glenn Croy who pleaded to misdemeanor. Feds said Croy unlawfully entered Capitol twice & "treated the U.S. Capitol like an amusement park", recording videos of mob & rioters defacing historic statues
Feds to seek two months jail
Prosecutors argue Croy was part of a line of people in mob who forced police to retreat further and video recorded images inside complex... including the historic bust of Churchill.. upon which someone put a MAGA hat ==>
Feds allege Croy told a friend on Jan 9, 2021:
"I don’t regret it needed to be done it felt good to let them see what their antifa thugs have been making Americans across the country feel good the let them know we are fed up.”
Feds recommend 44 months prison for Scott Fairlamb, who pleaded guilty to police assault on Jan 6. Feds said he punched, shoved police. Photo shows him posing w pepper ball in mouth.
He allegedly posted after 1/6 "They pulled the pin on the grenade and the blackout
is coming"
The 44-month recommendation is on the lower end of the 41-51 month sentencing guideline
This case is prominent.. in part because of the powerful video used as a court exhibit by the feds in the prosecution ===>
Feds are giving Fairlamb credit for pleading guilty early in case. (He *was* among first Jan 6 defendants accused of assaulting police to plead)
They say he took and brandished a police baton, saying: "What Patriots do? We f** disarm them and then we storm the f** Capitol"
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"
====>
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"