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.”
https://twitter.com/ryanjreilly/status/1465871305983598597
Here’s the text of the minute order. Additional info in the thread:
https://twitter.com/ryanjreilly/status/1466949218640314368
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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