Hello from Judge Amit Mehta's virtual courtroom, where a status conference is getting started in the non-sedition Oath Keepers conspiracy case (Crowl et al.).
Purpose of the hearing is to talk that as of now is set for April. Mehta says the jury office is not recommending sending out a questionnaire with jury summonses, says they've had a lot of problems with that system, rec'ing summoning ppl to come in first to fill it out
Mehta notes that asking prospective jurors to come to court twice could come with its own complications. He called the hearing to get thoughts/feedback from the lawyers
Mehta notes that they expect to call more jurors than normal for the first Oath Keepers trial on the calendar — typically they call 50-60 people, for this one he expects to call around 100
Several defense lawyers are alluding to this filing, and stressing the need for an in-depth probe of potential jurors to screen for bias, also noting that SCOTUS has a pending case re: juror screening: oyez.org/cases/2021/20-…
Mehta says he agrees with defense counsel that jury selection will raise "more challenging" questions than they see in most cases, is inclined to trust the jury office and not mail out a questionnaire
Mehta's plan is to have prospective jurors come in on April 5 to fill out questionnaire, which gives lawyers two weeks to review it in advance of jury selection. He asks lawyers to try to reach agreement on a proposed questionnaire and submit it to the judge to review by March 15
One of the defense attys notes the planned trial date, April 19, is Patriots' Day (but according to some quick googling it looks like it's April 18?) and suggests maybe they should push it back a day b/c there might be a risk of things happening that day, Mehta says TBD
There are several anniversaries in April that connect to acts of terrorism — the Boston Marathon bombing, which the defense atty today referenced, was April 15, 2013 (which was Patriots' Day); the Oklahoma City bombing was April 19, 1995
More trial procedure: During the pandemic, the DC federal courthouse's ceremonial courtroom (the largest one) could seat up to 35 people with social distancing. Mehta hopes they'll be able to increase capacity by April
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New: Judges in recent weeks have repeatedly rejected legal challenges to one of the most common felonies charged in hundreds of pending Jan. 6 cases. It's a significant string of wins for DOJ as the investigation grinds on into its second year. buzzfeednews.com/article/zoetil…
Conspiracy indictments + early wave of misdemeanor pleas got a lot of attention (for good reason), but there are hundreds of felony Jan. 6 cases, and the fate of challenges to the "obstructing an official proceeding" charge has been a looming question mark buzzfeednews.com/article/zoetil…
In a string of rulings since December, judges handling these cases (of varying ideological backgrounds) have all reached the same conclusion, which is that prosecutors can go ahead with the felony obstruction charge in connection with Jan. 6 buzzfeednews.com/article/zoetil…
Hello from Judge James Boasberg's virtual courtroom, where Jan. 6 defendant Aaron Mostofsky is due to enter a guilty plea. Mostofsky was one of the high-profile defs early on b/c he's the son of a NY judge and images of him in a fur outfit got attention: buzzfeednews.com/article/juliar…
Here's the info to listen to the hearing before Boasberg + court rules:
Toll Free Number: 866-434-5269
Access Code: 2989848 dcd.uscourts.gov/covid-19-emerg…
Mostofsky is pleading guilty to three counts:
- Civil disorder (felony)
- Theft of government property (valued less than $1K, misdemeanor)
- Entering/remaining in a restricted building or grounds (misdemeanor)
Hello from Judge Christopher "Casey" Cooper's virtual courtroom, where sentencing is underway for Jan. 6 defendant Julia Sizer. This is a misdemeanor plea (parading), govt wants 3 yrs probation + 2 mos home detention, Sizer arguing for 6 mos probation + $5K fine
Here's the info to dial-in to listen to the hearing before Cooper + rules: dcd.uscourts.gov/covid-19-emerg…
Toll Free Number: 888-204-5984
Access Code: 8981531
AUSA acknowledges Sizer spent very little time in the Capitol ("very low end") but argues her "casual attitude" about going in after the building was breached and amid the noise/chaos of the riot was extremely concerning, says she initially lied to the FBI about involvement
Hello from Judge Amit Mehta's virtual courtroom, where an arraignment/status hearing is about to get underway in what are now three Oath Keepers cases — the new seditious conspiracy case, the non-sedition conspiracy case, and Jonathan Walden's case
Here's the dial-in info for Mehta:
Toll Free Number: 877-848-7030
Access Code: 3218747
Mehta begins by making sure the incarcerated defendants who are present (Stewart Rhodes, Kenneth Harrelson, Jessica Watkins, Kelly Meggs) can all hear okay, they confirm they can. Edward Vallejo, who is also in custody, is not present for this hearing, his lawyer is on the line
Hello from Judge Dabney Friedrich's virtual courtroom, where sentencing is set to start soon for MAGA influencer Brandon Straka, who pleaded guilty to joining the Jan. 6 insurrection. Govt wants probation + home detention, Straka wants time served or home detention, no probation
Dial-in info for Friedrich:
Toll Free Number: 877-336-1829
Access Code: 8424583
Brandon Straka's sentencing hearing is underway. One thing that's important to note about Straka's pitch of no probation — every Jan. 6 defendant sentenced so far has received some term of probation (shortest period was two months) assuming they avoided incarceration
"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…