Hearing up now on Bannon contempt of Congress charge. This is what Bannon's legal team wants under discovery from the government:
DOJ wants protective orders on numerous categories of evidence including J6 committee comms, witness statements, law enforcement information.
Bannon team: Under protective order, Bannon limited how they can use evidence in the case. Points out this is govt employee material
Keep in mind, this is the same DOJ demanding cell phone data including text messages, etc. from American citizens who protested Joe Biden's election.
Judge wants DOJ to explain protective orders. DOJ complaining Bannon will make evidence available "for public review." LOFL
"This case should be adjudicated in the court room not the media." - DOJ
WHAT ARE THEY HIDING?
Judge trying to split the baby--how evidence can be made available to defense but prevented from released to public/media. Bannon team objects to idea, notes media wants access, too.
Protective order is "severe."
Judge Nichols says he will rule soon on which categories will be protected.
Bannon team again argues congressional comms should be made available. Judge wants to find a way to prevent Bannon from making it public, only used for court proceedings.
DOJ claims dissemination to media will influence potential jury, witnesses, and outcome.
Team Bannon calls it "baseless." Judge Nichols suggests burden might be on Bannon to argue removal of protective order in each instance.
Bannon atty detailing a long list of issues/rights the J6 committee has violated including separation of powers and Bannon's 1A rights. Communications would reveal how J6 committee approach ran afoul of numerous laws, rules, etc.
"This is a radical move they made."
It's clear Bannon's team is attempting to delegitimize the entire J6 committee, which is great.
Notes Thompson's personal lawsuit should preclude him from heading committee. Notes Raskin's lead role in Trump's impeachment. "Entitled to know what the processes were."
Now blasting Thompson's comment on Maddow that anyone who invokes 5A is guilty.
Entitled to know why DOJ "deviated" from usual process--cited OLC opinion--to not charge exec branch official with contempt of Congress.
Notes Biden calling for prosecution of Bannon and others.
This hearing is LIT. A careful analysis of why the J6 is illegitimate--it's too bad no GOP congressional leader is making this argument EVERY DAY.
Judge asks why Bannon wants to delay trial until late next year. DOJ push for April WHICH IS FUNNY bc they keep delaying J6 trials.
Judge asks DOJ why an immediate trial date. I love this bc Bannon team flipping script on DOJ.
LOFL defendant and public's "right to a speedy trial."
I CANNOT BELIEVE THIS. I hope lawyers for all J6 detainees are listening.
DOJ complaining Bannon team is dragging out discovery
Judge notes J6 criminal cases - none have gone to trial including defendants who are detained and those charged January and February. "Languishing a little bit."
"Government wants to move at light speed." But of course says Bannon doesn't need 10 months to prepare for trial.
Says he's loathe to split the difference but that's what he's going to do. (Will check out how many times Nichols has excluded time from Speedy Trial act on other J6 defendants. I'll bet a lot.)
Wants July trial. Sort of amazing since so many J6 defendants don't have trial dates
Nichols asks parties to work on protective order agreement before December 16.
If not, Nichols will issue ruling on protective orders.
/End
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Now status hearing up for Timothy Hale-Cusanelli. He is charged with no violent crime related to January 6, has been detained since January 15, held behind bars in DC Gulag since February.
DOJ says all discovery in his case has produced all discovery to Hale's legal team.
After promising not to delay his November 2021 trial date, Judge McFadden pushed his trial until late May 2022.
Hale's lawyer, like many defense lawyers, once again telling court his client has trouble viewing the evidence against him.
McFadden, after forgetting Hale is...
in the DC jail, where McFadden has ordered him detained under pre-trial detention orders for the past several months, claims there's a solid arrangement at the jail to view discovery evidence.
Hale now disputing it...difficulty accessing laptops to look at video evidence.
Remember this when anyone says FBI rot is only at the top. Ruining a guy with nothing to get in good with the regime. Ya the guy with $26 is an "insurrectionist."
Infuriating. BTW this is March interrogation of Daniel Rodriguez, the man accused of tasing Fanone
Agent: "Full down low, man." Like a bad crime show
I’ve been reading through this transcript today. 3+ hours of interrogation, no lawyer present. Rodriquez trying to get confession tossed—judge demanded release of video interview.
Again, don’t EVER talk to FBI without a lawyer. Ever…
Arguments now before DC Circuit on Trump’s appeal of Judge Chutkan’s rejection of Trump’s claim of executive privilege to prevent J6 committee to access his official records. I explained the ruling here:
Judges Millett, Wilkins, Jackson presiding. Jesse Binnall representing Trump. Joe Biden has denied Trump’s claims of executive privilege at least twice. Judges now questioning Trump’s authority to override Biden’s unprecedented denial of executive privilege for a past president.
National Archivist has agreed to begin producing documents requested by Pelosi’s committee. This includes docs, correspondence, meeting/call logs dating back to April 2020. Nothing to do with January 6, everything to do with Trump’s efforts to stop election fraud.
Whooo boy, DOJs case against Bannon is gonna be a doozy related to DOJs overuse of protective orders on evidence for January 6 cases. Some excerpts from Bannon's filing:
This is the same tactic DOJ is using to keep 14,000 hours of Capitol surveillance video under wraps
I am sure a few hundred J6 defendants will be interested to see DOJ object to Bannon's wish to try his case in the media.
Nice to see someone fighting back on DOJ nonstop attempts to conceal evidence...