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.
Judge Sullivan says he's inclined to move the trial date to March 30. Notes that the pandemic is still affecting their ability to hold trials. Says prospective jurors have been calling in worried about catching COVID-19.
Judge Sullivan also says he knows Gieswein is unvaccinated and has no plans to get vaccinated, but that adds additional complications.
I've kind of lost the thread here. Judge Sullivan went off on a tangent about a "weird jury" and a juror who tried to get out of duty to go to a horse race.
Gieswein speaks up and "insists" he be allowed to speak. Judge Sullivan puts him into a breakout room with his attorney instead.
Judge Sullivan isn't going to let Gieswein speak (so he doesn't say something he shouldn't): "I can't just sit here and be a potted plant. You may say something that seriously prejudices you or your case."
"I can't just sit here and let people mouth off about whatever they want to mouth off about," Judge Sullivan says, "especially when you may seriously prejudice your case."
Judge Sullivan is going above and beyond to try to prevent Gieswein from pulling a Brandon Fellows. He keeps trying to talk though.
Jury selection has now been pushed back to April 28 for Robert Gieswein. Judge Sullivan waffling on whether he'll allow a jury questionnaire. Says he'd prefer the two sides agree on voir dire instructions.
• • •
Missing some Tweet in this thread? You can try to
force a refresh
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.
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…
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.
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."