New: A judge has ordered another Jan. 6 defendant to jail for violating pretrial release conditions — Joshua Pruitt violated curfew on multiple occasions, and the govt also noted threatening comments he'd made via social media, probation violations in other non-Jan. 6 cases
Haven't been live-tweeting the hearing, but basically: Govt and pretrial services rep argued strongly to revoke his release, saying the combination of problems he'd had with compliance in this case and others showed lack of respect for court authority, inability to follow orders
Pruitt's lawyer argued he had reasons for missing curfew (couldn't get rides home from work, mainly) but judge noted this wasn't the first time Pruitt was admonished to comply with curfew and restrictions on his movement, govt questioned the truth of some of those explanations
Govt also noted Pruitt did an interview with CNN where, they argued, he made comments suggesting he didn't regret going into the Capitol/being part of the mib. Pruitt + his lawyer disputed the govt's interpretation, saying he was referring to protesting generally at the Capitol
Judge Timothy Kelly sounded skeptical of Pruitt's explanation of the meaning of his comments to CNN, although the judge also quipped, "it wouldn't be the first time that CNN took something out of context and didn’t portray something accurately"
Kelly says he doesn't find the explanations for Pruitt's curfew violations credible given that he's repeatedly been told he must comply over the past year: "I just don’t believe that he repeatedly is out there in the middle of the night for reasons that are beyond his control."
Pruitt will be allowed to self-surrender for pretrial detention, judge gives him until Tuesday (1/18) at 2pm to wrap up affairs, but he'll no longer have permission to work. Pruitt interjects on the line, upset, says he'll go to CNN to accuse the judge of violating his 1A rights
Kelly: Mr. Pruitt - are you telling me you don't want this time over the wekeend to get your affairs in order?
Pruitt: I would love the time over the weekend.
Pruitt continues to object to the work restriction, sounds like Kelly clarifies he can work, just not after curfew
Pruitt continues to interrupt the judge, the prosecutor jumps in to say the exchange gives the govt concern about him self-surrendering next week, Pruitt jumps in to say he will surrender, the judge notes Pruitt will face a much bigger problem if he doesn't report
Kelly says he's sympathetic to defs who want to work and says they "bent over backwards to try to make that happen." Pruitt again interrupts to object, I can't make out what he's saying, Kelly stops him, raising his voice, says he abused the system and that's why they're here
They're now discussing next steps and dates, as the prosecutor discusses the status of discovery Pruitt continues to make comments on the line as she talks, no one engages with him
Pruitt has apparently just discovered the public line, asks why that exists, everyone continues to ignore him at this point as they continue to discuss logistics (Kelly is noting that the court recently extended covid-related policies that have governed operations)
At the very end, Pruitt says something I can't fully make out but I hear the phrases "law-abiding citizen" and "unlike the BLM piece of shit" and then the automated voice on the public access line says "goodbye" and that's a wrap
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NOW: Stewart Rhodes, the leader of the Oath Keepers, has been indicted — counts against him and 10 others include seditious conspiracy, the first time we've seen that charge in connection with Jan. 6. More to come, here's the document: justice.gov/opa/press-rele…
Oath Keepers founder Stewart Rhodes and 10 others have been indicted for seditious conspiracy. It's the first time we've seen that charge in connection with the Jan. 6 attack — and the first time it's been charged period since 2010. With @kenbensinger: buzzfeednews.com/article/kenben…
Hello from Judge Carl Nichols' virtual courtroom, where sentencing is about to start for Jan. 6 defs Dalton Crase and Troy Williams, who pleaded guilty to the parading misdemeanor. Govt wants 30 days in jail, they would like probation
Here's the dial-in info for Nichols if you'd like to listen along:
Toll Free Number: 877-873-8017
Access Code: 8692421
In arguing for a month, prosecutors note the pair went into the Capitol twice, and video captured Williams saying the riot was "just to let them know that when push comes to shove, we will fight. We will just walk into this bitch ... if things don’t change, we’ll make a change"
Hello from Judge Amy Berman Jackson's virtual courtroom, where sentencing is set for Jan. 6 defendant Tanner Sells, who pleaded to the parading misdemeanor. Govt wants 14 days incarceration + probation (more on that shortly), Sells seeking probation alone
Here's the dial-in info for Jackson's courtroom:
Toll Free Number: 888-363-4735
Access Code: 9203812
There's been uncertainty among judges if they can impose a "split sentence" of jail time + probation for a class B misdemeanor (a la the parading count that most Capitol rioters are pleading guilty to so far). The govt will be arguing that's allowed s3.documentcloud.org/documents/2117…
At 1pm, US District Judge Amit Mehta will hear arguments on Donald Trump's effort to get three lawsuits tossed out re: his civil liability for the Jan. 6 insurrection — one filed by a group of Dems, one filed by Rep. Eric Swalwell, one filed by two USCP officers injured that day
There will be a public line to listen to this hearing, here's that info:
Toll Free Number: 877-848-7030
Access Code: 3218747
Here's Mehta's plan for dividing up arguments, which also gives you a good sense of the defenses Trump is raising, chiefly:
- that he's immune because he was president at the time
- that members of Congress aren't covered by the statute they're suing under
- First Amendment
Hello from Judge Dabney Friedrich's virtual courtroom, where Esther Schwemmer is due for sentencing. This is a misdemeanor plea — govt wants home detention + probation, Schwemmer seeking probation (noting a different judge ordered probation alone for her friend Jennifer Parks)
Here's the public dial-in info for Judge Friedrich if you'd like to listen:
Toll Free Number: 877-336-1829
Access Code: 8424583
AUSA says they're seeking home detention because Schwemmer saw the mob forming as she and Jennifer Parks approached the Capitol, saw people climbing scaffolding/wall, encouraged Parks to go in after seeing a door broken open, on video heard encouraging Parks to go to the Rotunda
Jan. 6 defendant on pretrial release asks for permission to go to Jamaica to visit with his girlfriend's family.
Chief Judge Beryl Howell: AYFKM
Howell: "This Court will not commemorate the one-year anniversary of this attack on the Capitol by granting defendant's request for non-essential foreign travel when he is awaiting judgment for his actions on that day."
An alleged Capitol rioter filed a request this afternoon for permission to take a 10-day trip to Jamaica to visit his girlfriend's family.
Chief Judge Beryl Howell swiftly rejected it, noting it was a bad idea to make the ask on today of all days. buzzfeednews.com/article/zoetil…