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.
One of the men...
at the barrier that Samsel breached?
Ray Epps.
Sounds like defense wants info on him. That should be interesting.
Samsel asks if he can address the court before end of hearing. Kelly says he confer with his lawyers if that's a good idea.
BTW Samsel will be moved to a PA jail.
Samsel has been incarcerated since January, assaulted by jail staff in two prisons including DC Gulag.
Motion schedule set for January 2022, hearing February 2, 2022.
Defense asserts Speedy Trial act rights, DOJ wants time excluded.
Kelly asks for discovery update but says...
it is "voluminous" in Samsel case.
Excludes time from now until December 17. Justice outweighs rights of the defendant. (This is SOP in J6 cases.) Tries to blame defense for filing pre-trial motions.
Still relevant discovery to be provided. OH OK.
DOJ filed a motion to seal...
DOJ says it is an addendum related to a sealed defendant.
Here's the order. Thoughts?
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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.”
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.
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)