Another Jan. 6 defendant, Dustin Thompson, notifies the judge that he may argue as a defense at trial that he believed he had official permission from Trump — "he was acting under actual or believed public authority." Trial is set for April 11.
During pretrial detention fights last year, judges rejected the theory that a president could authorize something like the Capitol attack. Thompson's lawyer prev. filed notice in court that they planned to subpoena as witnesses Trump "and several members of his inner circle"
The issue of whether Jan. 6 defendants can use the Trump defense at trial has come up in a few other cases so far -->
Here is Jan. 6 defendant Dustin Thompson's brief arguing for why he should be able to call Donald Trump + allies as witnesses at trial to prove a "public authority defense": s3.documentcloud.org/documents/2119…
DOJ's response to this is due by Feb. 18
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Judges 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 recent wins for DOJ as the investigation grinds on into its second year. buzzfeednews.com/article/zoetil…
Charging people with "obstructing an official proceeding," a felony, has been a key tool for DOJ to draw a line around the Jan. 6 cases they consider more serious — often it's paired with other felonies like assault or conspiracy, but not always buzzfeednews.com/article/zoetil…
High-profile Jan. 6 defendants + wave of misdemeanor pleas + conspiracy indictments captured public attention in the first year, but there are hundreds of felony cases pending, and the fate of legal challenges to the obstruction count has loomed over those buzzfeednews.com/article/zoetil…
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 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
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