HAPPENING NOW: Court hearing for Proud Boys leader Enrique Tarrio, who is seeking release from jail to home detention, arguing substandard health conditions in DC jail
Tarrio is serving 5 months for stealing/burning BLM flag from DC church in late 2020
Tarrio is being held in a northeast unit in the Washington DC jail's Central Detention Facility, which is a unit for "protective" housing... to keep inmates away from general population
He's in cell 69, per attorney at hearing
Tarrio claims his cell has been impacted by standing sewage and smoke. Multiple defendants seeking release from DC jail have been citing a recent US Marshals inspection which found substandard conditions and medical care in DC's Central Detention Facility
Government attorney acknowledges there was a sewage leak inside the Central Detention Facility on November 6
!! Government attorney argues some inmates have sabotaged their own toilets in protest. Attorney said that happened with the inmate in cell next to Tarrio's recently. Attorney called the inmate in neighboring cell a "habitual flooder"
Tarrio argues the water has been turned off in his jail cell
Government attorney argues the water might be turned off (for short period of time) in response to the neighboring inmate's "habitual flooding" of toilet
Tarrio arrived to begin serving his five-month sentence on Sept 6. He's only two months into his sentence
Government attorney: "(Tarrio) has been seen by medical, mental health and psychiatry" to ensure his well-being
Tarrio complains of smoke in his cell.
Government attorney said inmates burn toilet paper. Government says Tarrio's cell has no more smoke than the others
Govt attorney said Tarrio has "abused the grievance process" ... and the sick call process
He's filed grievances Sept 20, Oct 1, Oct 6. Three of them within the first month of his five month sentence
Tarrio is now appearing, virtually. Wearing orange jail jumpsuit and blue paper mask
Defense lawyer is urging court to let Tarrio speak about conditions in jail... under oath
Standby
But hold on:
Judge says even if Tarrio's account is fully true, it doesn't necessarily constitute an 8th amendment violation. Judge says he doesn't see how Tarrio's situation is any different than all of the other inmates. & that home detention doesn't seem like proper remedy
Defense says "Living in a cell with no sheets and feces floating past you, is unacceptable... it'd be mind-boggling that your honor wouldn't help us (with our motion)"
Judge: "I'm not deciding one way or another who's right and who's wrong... because doing that is a much lengthier process" He says an evidentiary hearing would be needed on Tarrio's claims about DC jail
!!! Judge: "How is Mr. Tarrio's situation different than any other inmate or detainee at the jail?"
Tarrio wants to answer that question. Judge interjects.. and says that question is for the attorneys
Tarrio's lawyer keeps arguing the jail's conditions are worse than when Tarrio was sentenced
We've been covering complaints about the DC jail for many years.
Judge says there've been concerns about jail ("far from perfect") for quite awhile
Judge: "Lots of people get sentences to the DC jail. Lots of people get held their pretrial."
Judge (channeling the voices of generations of DC criminal justice reform advocates) said the jail has been source of complaints and consent decrees before
Tarrio: "There are feces in my room right now"
(I'll admit I've never heard that said in a court proceeding before)
Govt attorney says US Marshals inspector arrived at jail on Friday ... will prepare a report about steps/progress made to fix conditions at jail
"We've tightened up our protocols" with dealing with inmates who sabotage their cells
Tarrio has complained about temperature of his food, per jail attorney
Jail says they're looking into "food warmers" and food vendors to address that complaint
Defense lawyer is insisting Proud Boys leader Enrique Tarrio be given a chance to speak
STANDBY
Tarrio with a very full-grown beard, takes off his blue paper mask. Raises his hand and prepares to be sworn-in
Tarrio, a leader of the Proud Boys pleaded guilty to stealing & burning a BLM banner from a DC church
He's about to testify about jail conditions
Tarrio says his cell was flooded with feces at 430am.
"For the past four days, I've had feces in my cell..."
Tarrio: "I have to clean other people's feces off the ground with my own toilet paper"
Tarrio says his medical requests are going unanswered. He's hold up an envelope full of his grievances
Tarrio: "I'm deathly afraid something is going to happen to me" .. and help won't come
Tarrio says when he pleaded guilty and agreed to take jail sentence.. "I didn't expect this" "This place needs to be shut down immediately"
Chansley: "I was wrong for entering the Capitol. I have no excuse. No excuses whatsoever. My behavior was indefensible. Number two: I may be guilty of this crime. But I'm not a dangerous criminal.. I'm not an Insurrectionist.. I'm a good man who broke the law"
Chansley: "I'm nothing like these criminals I've been incarcerated with"
Chansley says he told the FBI everything.. because he's a "man of truth"
Chansley says he helped prosecutors and took the plea deal.
Plea agreement hearing in Jan 6 case of James Little of N. Carolina
Little is accused of texting amid the mob:
"We just took over the Capital (sic).. We are stopping treason! Stealing elections is treason! We’re not going to take it anymore!”
Little's plea deal is to a misdemeanor. Unlawful picketing/parading (he joins the growing list of Jan 6 defendants cutting this deal)
0-6 months jail are the guidelines
$500 restitution. (Little just asked why he's gotta pay if he didn't cause damage)
There's a back and forth over whether to prohibit Little from possessing a firearm as he awaits sentencing. Defense says Little lives in the country... in the Piedmont area of N. Carolina and once had to shoot a wild animal attacking his dog
BREAKING: Steve Bannon is charged with one contempt count involving his refusal to appear for a deposition and another involving his refusal to produce documents, despite a subpoena from the House Select Committee to Investigate the January 6 Attack on the U.S. Capitol, per feds
Atty General Merrick Garland, "I have promised Justice Department employees that together we would show the American people by word and deed that the department adheres to the rule of law, follows the facts and the law and pursues equal justice under the law"
Each count of contempt of Congress carries a minimum of 30 days and a maximum of one year in jail, as well as a fine of $100 to $1,000