Status hearing for Jeffrey McKellop. He's been incarcerated denied bail since his arrest March and now held in D.C. Gulag.
DOJ added a superseding indictment; McKellop, a decorated veteran with no criminal record, charged with numerous counts of assaulting police on January 6
DOJ: Once again delaying discovery, prosecutor says full discovery won't be ready until December 30.
This is such bullshit.
Plea deal on the table. This DOJ arrested defendants, asked for pre-trial detention, delays for MONTHS discovery, Brady material, then offers pleas.
"Substantially completed" discovery by end of the year. Yet another deadline blown by DOJ. Courts continue to allow it.
McKellop atty says there's a long line of defendants at DC Gulag to view discovery. Asks for trial date.
Judge Carl Nichols, Trump appointee, presiding
Nichols repeatedly denied bail for McKellop.
DOJ will set a deadline for plea acceptance.
McKellop's public defender asks for May trial. Nichols ask how long trial will last. DOJ needs a minute to figure it out.
agree, deny bail. DOJ delays discovery for months while detainees languish. Offers plea deals when defendants don't even have all the evidence. Adds superseding indictments as punishment. Trials delayed into middle 2022 bc of COVID restrictions in DC.
DOJ says 10-day trial.
Nichols says a window in May is open for courtroom.
Trial date set for May 9. So McKellop will be in jail for 14 months before trial begins.
Next status hearing on January 7, 2022.
Some info on McKellop:
Nichols once again excludes time off Speedy Trial act clock. Judges do this repeatedly, which is why trials, discovery, etc can be delayed by DOJ.
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Keep in mind, as the 4-hour disturbance at the Capitol was underway on January 6, Biden gave an 8-minute televised speech to the nation condemning the protest as an “insurrection.”
Late to Ryan Samsel hearing. Defense complaining that client still doesn't have discovery. Judge Kelly questions if that's true. Defense says he doesn't think DOJ would admit full discovery has been met.
"There is going to be significant dispute about full discovery."
DOJ: Majority of evidence re Samsel has been produced but defense wants evidence of other people involved.
DOJ still does not have one of the evidence database up and running. But admits not all evidence in this case is available.
Kelly "status of discovery is what it is."
Another Trump appointee gem. He often talks like he has no clue what he's saying in court.
Kelly wants to exclude time from Speedy Trial act, set pre-trial motion schedule.
Defense will file motion to dismiss 1512(c)(2), the common obstruction felony.
Hayes insists there’s no domestic war on terror. Proof once again that he, like Goldberg, aren’t paying any attention to J6 prosecution and its consequences. Further, Chris Wray designated January 6 an act of domestic terror.
Can Hayes explain the DC Gulag for even nonviolent J6 offenders? Or prosecutors comparing trespassers to domestic terrorists? Or FBIs use of “counterterrorism” task force to conduct armed, pre-dawn raids? Or use of DOJ NSD in prosecutions? Or use of geofence warrants to…
collect cell data of everyone in DC on January 6? Or DNI Avril Haines March “threat assessment” claiming, without evidence, domestic violent extremists pose a heightened danger to the homeland? Or J6 committee plans for to expand anti-terrorism laws to target the Right?
Sentencing hearing starting now for Jacob Chansley, the "QAnon shaman" who committed no violent crime. He's been in jail since his 1/11/21 arrest. Judge Lamberth, presiding today, denied Chansley's release 3 times including after his September plea.
Contrary to what DOJ claims in court filings, Chansley clearly is seen on video talking to Capitol police, who do not arrest him and advise him "no attacking, no assault, remain calm."
Just talked to Dan Caldwell, a J6 detainees in the DC Gulag. He is suffering severe after-effects from the pepper spray attack by prison guards last week, which sent a few detainees, including Caldwell, out of the jail on stretchers.
Following a dispute with one detainee...
over face masks, a prison guard doused the "pod," the area that house J6 detainees, with copious amounts of pepper spray. The pod was in lockdown, so all men locked in their cells.
Spray filled locked and closed pods, infiltrated the air system. Caldwell could not breathe...
Banged on wall to cell next to him, begging for his life. Thought he was going to die; he lost consciousness and believes he fell and hit his head.
When he came to, he had been dragged out of his cell. He begged not to die. "Tell my family I love them." (He was sobbing on phone)