Hello from the DC federal courthouse (IRL!) where Steve Bannon is expected to make his first post-indictment court appearance on contempt of Congress charges at around 1:45pm. Spotted: significant media presence + one giant inflatable Trump rat
Bannon will be making his first court appearance before Magistrate Judge Robin Meriweather — dial-in info attached for live audio. I'm in the media room, where we have a video feed. Bannon's lawyers are in there now at counsel table
The DC courthouse is enforcing social distancing, so the media room and the courtroom are sparsely populated compared to pre-pandemic high-profile hearings. Much less of a media circus vibe compared to years past (121 people on the public line as of now, by comparison)
US Magistrate Judge Robin Meriweather is on the bench for Steve Bannon’s initial court appearance
Bannon just came into the courtroom from the back area and sat down at the defense counsel table. Appearing with Bannon today are David Schoen (who you may remember from Trump’s legal team for impeachment trial #2) and Matthew Corcoran
Bannon stands up to be sworn in and then sits back down. Appears to be wearing the same multi-layered shirt/jacket situation as from when he surrendered this morning
After some back and forth, Meriweather says they'll skip doing the arraignment today, which means it'll likely happen during his next appearance before the district judge assigned to the case going forward, Judge Carl Nichols
Bannon is due to appear next before Nichols on Nov. 18 for a status update on the case (and now, presumably, an arraignment)
The govt isn't seeking pretrial detention for Bannon and isn't asking for special release conditions beyond what's rec'd by the Pretrial Services Agency — standard supervision, no passports, advance notice for domestic travel and court approval to go outside the continental US
Bannon will have to report in weekly by telephone, judge says he's already surrendered his passport
What else we can see in the courtroom: So far during the hearing, the judge and Bannon have been unmasked (judges here have discretion to allow participants to be unmasked), defense lawyers and prosecutors and everyone else in the courtroom is masked
Throughout the pandemic the courtrooms have been equipped with clear partitions around the counsel tables and where the judge/court staff sit
And that's a wrap, a typically short and uneventful initial appearance (there are usually only fireworks if there's a fight over pretrial detention). Bannon is due to appear next before Judge Carl Nichols on Nov. 18, but it'll be a virtual hearing
Outside the courthouse, Steve Bannon vows to go on the "offense" to fight the charges and defends his decision to defy the Jan. 6 committee based on Trump asserting exec privilege + advice of counsel: "This is gonna be the misdemeanor from hell"
Bannon's lawyer David Schoen acknowledges that the validity of Trump's exec privilege assertion is being litigated, but argued Bannon at the time he was subpoenaed had an obligation to honor it
Note that a criminal contempt prosecution is different from a civil suit seeking to enforce a congressional subpoena (a la the Don McGahn case) — even if Bannon is convicted in the end, it doesn't mean he'll be forced to testify/produce documents
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Blauser was indicted with Pauline Bauer, but has not joined her "sovereign citizen" self-representation effort. Unlike Bauer, who faces a felony obstruction count, Blauser was only charged with misdemeanors: s3.documentcloud.org/documents/2079…
Blauser is pleading guilty to the parading, picketing, or demonstrating misdemeanor. Blauser briefly started to parse why he understands he was "parading" but disputes he was "demonstrating," judge explains it's an "or" charge so the facts just have to establish one element
Hello again from Judge Colleen Kollar-Kotelly's virtual courtroom, where sentencing is about to begin for Capitol rioter Boyd Camper, who pleaded guilty to the parading misdemeanor. Govt wants 2 mos incarceration, he wants probation.
"We’re going to take this damn place."
As Camper's sentencing gets underway, worth noting there was another sentencing this a.m. in a parading guilty plea case, for Sean Cordon — Judge Trevor McFadden ordered 2 mos probation + $4K fine, govt had asked for 3 yrs probation + home detention (no fine request)
AUSA Jacob Strain is up first, says by now the court is familiar with the "violence and mayhem" of the Capitol riot, what happened that day was "despicable and horrifying and un-American"
Hello from Judge Colleen Kollar-Kotelly's virtual courtroom, where a plea hearing is set for 9:30am in the case of Lonnie Coffman, charged with bringing a cache of firearms + homemade napalm Molotov cocktails to DC on Jan. 6 s3.documentcloud.org/documents/2049…
Here's the dial-in info for Kollar-Kotelly's line if you'd like to listen:
Toll Free Number: 866-390-1828
Access Code: 9159943
Coffman has been in jail since his arrest in Jan. On the public line in advance of the plea hearing, his lawyer asks how he's doing, he replies "Not too well" and starts describing an incident at the jail, but it's muffled. Lawyer moves them to a private breakout room to discuss
Just in: Trump has now asked the DC Circuit for a temporary "administrative" injunction to stop the Archives from turning over his White House records to the Jan. 6 committee (set to happen tomorrow) while he pursues a full appeal s3.documentcloud.org/documents/2110…
According to this filing, the Jan. 6 committee and the National Archives aren't taking a position on Trump's request for a temporary administrative injunction. The parties are jointly asking the circuit to set a more expedited briefing schedule on the main appeal
Clarification: The expedited schedule they've jointly proposed is for Trump to more formally argue for an injunction pending his appeal of the order denying a prelim. injunction by the district court judge — same core issue, different procedural posture
Last night, a federal judge rejected Trump's effort to stop the Jan. 6 select committee from getting his White House records from the National Archives. Where do things stand now? (Yes, a thread) buzzfeednews.com/article/kadiag…
At 3:39am, Trump in the district court renewed his emergency motion for a temporary injunction to try to stop the Nat'l Archives from turning over the docs to the Jan. 6 committee on Friday, which is currently set to happen barring some other court order s3.documentcloud.org/documents/2110…
Trump also immediately appealed to the DC Circuit after Judge Tanya Chutkan handed down her decision last night. That docket is live, and a briefing schedule has been set. There's no request yet from Trump for action by that court before Friday
Hello from my house, where I’ll be covering arguments remotely before SCOTUS at 10am in the fight over whether DOJ and abortion providers can bring constitutional challenges to Texas’s 6-week abortion ban, SB 8.
SB 8 — which deputizes private citizens to enforce the ban and provides $$ incentives to do it — has been in effect since Sept. 1, with the exception of a two-day period last month (see: buzzfeednews.com/article/zoetil…).
Recall that the question of whether SB 8 is constitutional is not before the justices today (although it could come up) — they're mulling a threshold issue that's held up the DOJ/abortion provider cases in the 5th Circuit, which is whether these plaintiffs can sue at all