Hearing up now for Daniel Rodriguez, the man charged with tasering Michael Fanone. Rodriguez attorney filed motion to suppress all statements from his March FBI interview. My thread on this from last week:
More here.

Judge Amy Berman Jackson (yes, that one) presiding

From motion
DOJ says "on the road" to a plea offer

Jackson said given how long the case has been pending, DOJ should move that plea along "rapidly."

DOJ issued superseding indictment against Rodriguez. Says discovery in new indictment not complete.

Rodriguez arrested in March.
A great stall tactic by DOJ. They've recently issued superseding indictments in several cases to drag out discovery and trial dates. Rodriguez atty says she probably will file motion to sever from 2 other defendants, including a third still unidentified defendant.
Jackson now says transcript of Rodriguez FBI interview does not match video recording.

Miranda issue is "complicated," she says.

Punts, of course, of motion to suppress.

At issue is Rodriguez saying "no" here:
Jackson says she watched video about 70 times. She says she never heard the word "no."

Now arguing with Rodriguez atty, who says DOJ is changing its position on Rodriguez's reply.

"The transcript doesn't tell the story." - Jackson

Says she will base her decision on video.
Jackson now yelling at Rodriguez attorney.

She is such a shrew, my God. "Stop complaining. If you want to file something extra, file it. Make it a hundred pages."

"The video told me what happened on the video."

She is a horrible, condescending woman.
"I don't want to hear that I didn't give you enough time."

Keep in mind, this was filed by DOJ yesterday.

"I don't know there's anything else to say." Cites case law about shaking head
Jackson notes Rodriguez waived his rights at beginning of FBI interrogation. Hard to argue with that.

Reminder: NEVER TALK TO THE FBI WITHOUT A LAWYER EVEN IF THEY RAID YOUR HOUSE AT 5AM AND PRETEND TO BE ON YOUR SIDE.

DOJ and Jackson now doing performative argument.
about unambiguous statement for voluntary questioning. Issue here is Rodriguez said "no" he didn't want to talk about whether he assaulted Fanone after the interview started.

Rodriguez atty says video and FBI transcript confirms Rodriguez said "no." Debate now on Miranda burden
Amy Berman Jackson has the temperament of your average 13-year-old girl. This DC District Court is a national embarrassment--this includes Trump judges.

"Every head shake is different." Based on speed, look on face, vigorousness, etc.

LEGAL GENIUS folks.

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More from @julie_kelly2

10 Dec
The more you see how every government institution—from Congress to federal courts—in DC are weaponizing the four-hour disturbance at the Capitol to crush Trump allies and voters, the more you must believe that January 6 was an inside job.

You think this was some organic gift…
to the Biden regime and Democrats? That they just got together a few days afterwards and said, “hey, we can use the furry shaman and Indiana meemaws to unleash a legal and media terror campaign against Trumpists?”

C’mon, man.

FBI, natsec, Schiff and company already proved…
they will use every tool available, including secret courts and special counsels, to destroy Trump. It’s just a coincidence it only took 4 years btw the FBI ambushing Mike Flynn in the White House to ambushing Florida pastors in their own homes?

They got away with it over…
Read 4 tweets
7 Dec
Hearing up now on Bannon contempt of Congress charge. This is what Bannon's legal team wants under discovery from the government: Image
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
Read 14 tweets
3 Dec
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.
Read 6 tweets
1 Dec
Sickening. FBI agent: "Think about your mom." Image
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." ImageImage
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 ImageImageImage
Read 4 tweets
1 Dec
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…
Once upon a time, the Left screamed holy hell about this. Now, HuffPo cheers it
From interview that media will overlook, only post video snippets:
Read 8 tweets
30 Nov
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:

amgreatness.com/2021/11/10/oba…
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.
Read 41 tweets

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