Today at 2 p.m., the DOJ will ask for James Tate Grant, of North Carolina, to be sent back into pretrial detention.
NC police arrested Grant last month for DUI, possession of an AR-15 and attempting to flee arrest. #CapitolRiot
James Tate Grant and another defendant, Ryan Samsel, are accused of being the first two men to charge the police barricades.
Last week, the DOJ filed notice it intends to merge their cases with two other defendants: Paul Russell Johnson and Stephen Chase Randolph. #CapitolRiot
Ok, the hearing is getting started now. James Tate Grant is appearing with his lawyer, Peter Cooper. This is a detention hearing + arraignment.
Judge Kelly says he thinks they should still arraign Grant on the existing indictment against him, even though the DOJ has a still-sealed superseding indictment combining his and Ryan Samsel's cases with two others.
DOJ says James Tate Grant was charged w/ a similar incident in September (DWI, carrying a concealed weapon w/o a permit) prior to his arrest on #CapitolRiot charges.
"Two arrests in such a short period of time certainly suggests Mr. Grant is a danger to the community."
DOJ says when Grant first appeared in court for his most recent arrest, the court couldn't proceed because of his "medicated" condition. They had to do it again the next day.
"I think it's clear Mr. Grant is a danger to the community," prosecutor says, "and based on the statements he apparently made to law enforcement, he may also be a danger to himself."
DOJ says Grant helped "open up the floodgates to the violence, destruction and chaos" of January 6 by helping tear down police barriers.
Grant's attorney, Peter Cooper, says what may or may not have happened on December 7 doesn't change Grant's alleged conduct on January 6. Says that was already litigated in his original detention hearing.
Cooper says Grant was accepted to the University of Alabama Law School. Says the stress from the #CapitolRiot charges against him have led him to "fall off the wagon."
Judge Kelly: "This is the second time he's been in the situation of being under the effects of drugs or alcohol and being in a car with firearms."
"Firearms and substance abuse together is a bad mix... and I've got to consider two of those instances," Judge Kelly says.
Judge Kelly says Grant falls into Chief Judge Howell's criteria for the most dangerous group of January 6 defendants. Appears he's going to order him back into custody.
Judge Kelly says Grant seems to have a "toxic combination" of substance abuse problems, mental health issues and repeated access to firearms "that pose a really serious threat to the community." He's apparently unwilling or unable to abide by his conditions of release.
MORE: James Tate Grant, who police say was driving drunk with an AR-15 in the vehicle, will await trial on felony #CapitolRiot charges behind bars. Judge Kelly said he was a danger to the community — and possibly himself. wusa9.com/article/news/n…@wusa9@EricFlackTV@wcnc
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Shroyer claimed the FBI withheld material information. Judge says no.
Shroyer claimed charges amount to "vindictive prosecution." Judge says no.
Shroyer claimed he had no way of knowing he was on restricted Capitol grounds. Judge Kelly says the fact that he signed a detailed pretrial diversion agreement laying out exactly where he was banned from (following a 2019 arrest) "undermines" that argument.
In a hearing right now for Colorado Three Percenter Robert Gieswein. His unit at the D.C. Jail is currently in COVID-19 lockdown. Judge Sullivan is asking (almost trying to persuade them, really) if they want to postpone the hearing because of that. #CapitolRiot
Gieswein has 8 pending motions before Judge Sullivan, and apparently there are more coming. One of his attorneys, Ann Rigby, says Gieswein made the decision to appear by phone today because he's eager to get a ruling on his pretrial detention motion.
Rigby says they're still asking for the case to be dismissed entirely on speedy trial grounds. If it's not, says there's no way they could be prepared for a February 24 trial date.
UNSEALED: Two new cases against Kirstyn Niemela, of New Hampshire, and Stephanie Chiguer, of Massachusetts. Both misdemeanor cases. Seen here posing with Michael Eckerman (red hat), who has been indicted on felony assault & obstruction charges. Docs: storage.courtlistener.com/recap/gov.usco…
Add Kirstyn Niemela to the list of #CapitolRiot defendants turned in by a relative. She also appears to be one of the many, many, many afflicted with Facebook poisoning.
UNSEALED: Another one today. This one against Juliano Gross, of Kearney, New Jersey. DOJ says Gross attended rally w/ his mother then went to Capitol. Posted multiple TikTok videos. Made it into Senate Gallery. Docs: storage.courtlistener.com/recap/gov.usco…
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."