Hello from Judge Timothy Kelly's virtual courtroom, where a hearing is about to start on the govt's request to revoke pretrial release for Jan. 6 defendant James Grant — police found an AR-15 assault rifle + ammo in his car during a December encounter s3.documentcloud.org/documents/2117…
Dial-in info for Judge Kelly:
Toll Free Number: 888-808-6929
Access Code: 3195989
Last week, Kelly granted the govt's request to revoke release for another Jan. 6 defendant, Joshua Pruitt, after finding his latest round of curfew violations pushed him over the line after repeat chances to come into compliance
James Grant's situation differs from Joshua Pruitt's in several ways. Per govt filing, police had responded to a call for a suicide threat when they encountered Grant, and then found gun/ammo. Judge issued a warrant for his arrest in advance of a full hearing
Grant's hearing is underway, begins w/ arraignment on the latest publicly available indictment; he's part of a case that the govt has said will get combined in a superseding indictment, but prosecutor said today they can't share when that'll become public
On the release revocation issue, the pretrial services officer notes that violation reports were also submitted before the December arrest (for testing positive for amphetamines, per govt's filing last month)
AUSA argues even if Grant hadn't been charged with a crime in December (arrested for DWI), his multiple violations of release conditions, incl. involving firearm and controlled substances, show he's abused the privileges of pretrial release and poses a danger to the community
AUSA acknowledges that the govt consented to release conditions after Grant was charged/arrested for Jan. 6 in October, but says it was a close call at the time
Grant's lawyer Peter Cooper is up, begins by saying that the Dec. arrest doesn't change the court's analysis of Grant's charged conduct on Jan. 6 re: pretrial detention. Judge says that's sort of true, but it changes the context in terms of how the court weighs different factors
Cooper argues that despite the comments Grant made during his arrest that made him seem like a suicide risk, he is not a danger to himself and was just frustrated with the circumstances; has struggled with substance abuse, something he's trying to get a handle on
Kelly notes pretrial services chronology has Grant charged with DWI/concealed carry of firearm in Sept. and that case is pending, which means he was already on release and likely under conditions that would prohibit committing other crimes
(redoing since month was wrong before)
Kelly says he's having trouble hearing Cooper and I am too, full disclosure, but what I hear Cooper saying is that Grant had firearms in his car because he was taking them to get rid of them/put them into storage
Cooper argues that if you set aside the firearms issue, substance abuse isn't a stand-alone reason to step someone back, and that it's a health issue that Grant is dealing with (although he also acknowledges that gun and drugs are not a good mix)
Now: Judge Kelly announces that he is going to revoke James Grant's pretrial release for violating his conditions, which means he'll be placed in custody while his case is pending
Kelly explains his decision to place Grant in pretrial detention, citing combination of substance abuse issues, potential mental health issues, access to firearms, and violations of pretrial release conditions, plus previous arrests
Judge says he understands the explanation Grant's lawyer gave for why he had a firearm/ammunition in the car when he was arrested for being intoxicated, but if the intent was to end his firearm access, that intent wasn't being realized
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"Stop the Steal" organizer Ali Alexander has moved to dismiss claims against him in one of the civil conspiracy suits re: Jan. 6, and it includes a somewhat carefully worded graf about being w/ Alex Jones on the Capitol steps with "tacit approval" of USCP s3.documentcloud.org/documents/2118…
Prosecutors mostly haven't been prosecuting people who were on the Capitol grounds but didn't go in and weren't involved in assaulting police/conspiracy. One notable exception is Infowars host Owen Shroyer, who was with Alex Jones (who hasn't been charged) buzzfeednews.com/article/zoetil…
Shroyer has moved to dismiss, and one of his main args is that he and Alex Jones were trying to deescalate things and communicatd that to USCP officers and no one told them to leave: s3.documentcloud.org/documents/2118…
New: The Archives intends to turn over a tranche of Trump's White House records to the Jan. 6 committee tomorrow at 6pm, per DOJ letter. These docs weren't covered by the DC Circuit's admin stay, and SCOTUS hasn't acted on Trump's emergency request yet s3.documentcloud.org/documents/2118…
What's up with the fourth tranche? It's approx. 551 pages, and Trump claimed exec privilege over *six pages*. DOJ says two pages are similar enough to the prev. sets of contested docs to be covered by an earlier stay, so it's four pages he doesn't want produced
That's in addition to 100s of pages of contested docs that were the subject of earlier rounds in court:
- 39 pages from tranche 1 (there were also 7 pages later withdrawn as nonresponsive)
- 724 pages from tranches 2 and 3 s3.documentcloud.org/documents/2115…
(redid this tweet with more info)
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
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…