Judge Amy Berman Jackson wants to hear from DOJ and Danny Rodriguez’s federal public defenders by today whether they think this video shows the Trump supporter who tased Michael Fanone saying “the word ‘no’ while shaking his head.”
A zoomed in version of this key component of Danny Rodriguez’s FBI interview:
Amy Berman Jackson also gave DOJ a deadline of tomorrow for any filing on “whether the defendant unambiguously asserted his right to cut off questioning” in that video. Hearing is set for Thursday. huffpost.com/entry/daniel-r…
Some highlights from Danny Rodriguez’s FBI interview:
New filing: "Mr. Rodriguez maintains the original transcript is accurate in that Mr. Rodriguez clearly says 'No' in response to Special Agent Armenta’s question asking if Mr. Rodriguez would like to talk about the alleged assault on Officer Fanone.” storage.courtlistener.com/recap/gov.usco…
Danny Rodriguez’s lawyers also hired an independent national court reporting service to generate a transcript of this critical moment. Here’s what they came up with: storage.courtlistener.com/recap/gov.usco…
DOJ’s position is that Danny Rodriguez appears to "softly mumble a word that starts with ’n’,” and that the transcript is a bit off.
Due today: DOJ’s filing on the defense claim that Danny Rodriguez “unambiguously asserted his right to cut off questioning” in this video.
DOJ writes that agents “had no reason to believe” that Danny Rodriguez’s “mumbled” and “barely audible” response as an “unambiguous invocation” of his right to remain silent. (h/t @sfoguj) storage.courtlistener.com/recap/gov.usco…
DOJ: “should the Court view the head shake and mumbling response of the defendant as an invocation, it should be viewed as selective only to the questions regarding the assault on law enforcement, and not a global invocation of the defendant’s right to remain silent.”
Danny Rodriguez’s motion hearing before Judge Amy Berman Jackson is tomorrow at 3 p.m. huffpost.com/entry/daniel-r…
Ed Badalian, aka “Trump Ed,” will also make a court appearance. But no Swedish Scarf yet. huffpost.com/entry/swedish-…
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"there really is no centralized role in this for Defense or the Federal government components. This sits squarely in MPD's realm. I'm trying to tamp this down with the Deputy like I have the last couple of protests but this one may be different..."
From the latest batch of FBI emails on Jan. 6:
"It's her very first day in this position. He didn't tell her what the document was, or who wrote it, unfortunately and then went back to the 7th floor for more meetings..."
The only man known to have participated in both the newsman fight in Anchorman (2004) and the U.S. Capitol attack (2021) has formally pleaded guilty in connection with the latter.
Jay Johnston’s sentencing hearing in DC is set for Oct. 7, not long before his Mr. Show colleague David Cross appears in DC at the Warner Theater for his “The End Of The Beginning Of The End” show.
THREAD: Over two years ago, a Jan. 6 defendant told a court that he'd witnessed Oath Keepers founder Stewart Rhodes (now serving an 18 year seditious conspiracy sentence) that he'd witnessed Rhodes try to contact Donald Trump during the Capitol attack.
That Jan. 6 defendant, William Todd Wilson, admitted that he heard Rhodes “repeatedly implore" an unidentified party he was speaking with "to tell President Trump to call upon groups like the Oath Keepers to forcibly oppose a transfer of power." nbcnews.com/politics/justi…
Rhodes himself was convicted at trial and, in May 2023, sentenced to 18 years in federal prison. But that phone call wasn't a focus for prosecutors.
The only man known to have participated in both the News Fight in Anchorman (2004) and the Jan. 6 attack on the Capitol (2021) plans to plead guilty on July 8, per court docket.
He doesn’t count for any “law enforcement officers who stormed the Capitol” stats, but he’s certainly played a cop a bunch! nbcnews.com/politics/justi…