Listening to a status hearing now for four Proud Boys leaders accused of conspiracy. Judge Timothy Kelly says he's considering moving Zachary Rehl from PA to DC because the PA facility can't produce him for hearings. Rehl's new attorney, Carmen Hernandez, says DC isn't better.
Hernandez says the DC Jail has been "hellish" about making clients in other cases available for hearings.
Joseph Bigg's attorney Jonathan Daniel Hull calls the D.C. Jail a "phenomenally dysfunctional place." Says it transcends any issues with COVID or anything else. Really doesn't want him moved there. He's at a facility in Seminole County, Florida, at the moment.
"This is the most unhappy place I've ever been," Jonathan Daniel Hull says. "If they can find a way to make your job harder by not doing theirs, they'll do it."
Judge Kelly says Hull is suggesting no defendant at the D.C. Jail could adequately prepare for trial at the facility.
Hull says Joseph Biggs is "much less likely to start a revolution" from home than either the Florida jail he's in now or DC. Calls it a "nerve center."
(He might not be wrong. An extremism expert told us housing J6 detainees together was a bad idea.) wusa9.com/article/news/n…
Carmen Hernandez, now representing Zachary Rehl after he dropped Jonathon Moseley, says all the J6 defendants in the DC Jail may now have tablets, but the jail doesn't provide them chargers, so they can only use them for a limited time each day.
Carmen Hernandez says a further wrinkle is that if Judge Kelly orders these defendants moved to DC they will almost certainly have to go through a 14-day quarantine in lockdown, which will further delay things.
Judge Kelly is asking the parties to get their pretrial motions in by March 16. Jury selection for Ethan Nordean, Joseph Biggs, Zachary Rehl and Charles Donohoe is currently set to begin on May 18.
Carmen Hernandez says she anticipates she will request a jury questionnaire due to the publicity in the case (presumably to ask potential jurors what, if any, feelings they have about the Proud Boys).
• • •
Missing some Tweet in this thread? You can try to
force a refresh
Listening to the (non-#CapitolRiot) sentencing in an Arizona court for Tim "Baked Alaska" Gionet. Prosecutors are asking for him to serve 6 months for assaulting, trespass and civil disorder.
The prosecutor is playing part of Baked Alaska's livestream from inside the Capitol on January 6 now. As an aside, that stream has helped the FBI identify probably dozens of #CapitolRiot defendants at this point.
Gionet's attorney argues that this assault case is his client's only run-in with the law — which was true in December 2020, but is decidedly not true now. Since that arrest, he's been charged in the #CapitolRiot case and for damaging a Hanukkah display at the AZ capitol.
BREAKING: DOJ confirms arrest and indictment of Oath Keepers president Stewart Rhodes and 10 other members of the militia on seditious conspiracy charges in connection with the #CapitolRiot. Full indictment here: justice.gov/opa/press-rele…
MORE: Oath Keepers leader Stewart Rhodes and 10 other members of the militia are now the first #CapitolRiot defendants to face sedition charges in connection w/ the January 6 attack. Developing story here: wusa9.com/article/news/n…@wusa9@EricFlackTV
In the days after the 2020 election, Oath Keepers president Stewart Rhodes called for his followers to reject the results and said, "We aren't getting through this without a civil war."
Then, he shared a step-by-step plan on how to overthrow a government.
The detention hearing for Tim Boughner is finally set to begin at 2 p.m. It's been delayed multiple times over the past two weeks. The DOJ says Bougner confessed to assaulting police on January 6 and also to attempting to flee capture. Docs: storage.courtlistener.com/recap/gov.usco…#CapitolRiot
Boughner's attorney says his client helps care for his disabled brother-in-law and his nieces and nephews. Also points out that other #CapitolRiot defendants accused of assaulting police have been given bond, even Robert Scott Palmer, who's now serving longest sentence yet.
"I'm sorry to say Mr. Boughner, I do believe detention is warranted in this case," Faruqui says, saying there's "clear and convincing evidence that you are a danger to the community."
The next #CapitolRiot plea hearing is scheduled for noon, when Willard Peart, of Utah, will appear before Judge Friedman. He was one of a number of rioters who entered the Capitol wrapped in a Trump flag.
There's some back and forth about whether Willard Peart could have been charged with a felony. DOJ agrees the initial affidavit could possibly have led to that. Peart was ultimately only charged with misdemeanors.
Peart says he's grateful he's able to enter his plea virtually from Utah instead of flying to D.C. "Utah's a nice place," Judge Friedman says. "Come visit anytime you want," Peart tells him.
Happening now: Sentencing hearing for Anthony Mariotto, of Florida. DOJ says Mariotto was part of and filmed a crowd that charged through police as they yelled, "Hands up don't shoot!" and "I can't breathe!" #CapitolRiot
Prosecutors play a video of rioters, including Mariotto, walking through the Capitol banging on doors and trying to open them. Says we know there were staffers at the time hiding from the rioters. "What would have happened if they'd found someone?"
DOJ says it's "particularly concerning" to the government that Mariotto was part of the crowd that went around banging on doors and yelling "Where are the traitors!?" Mariotto eventually made it into the Senate Gallery.