Thread by @McAdooGordon

Denney Hearing.

I'm in the public access call-in number. Nothing happening yet.

This is exactly what practicing law is like: Hurry up, got to be there on time, sit and wait.

In the EDVA, this hearing would be half way over by now.

Just dialed in on another number to make sure my phone wasn't the problem - its' not. 🤣Nothing happening yet.

Denney is present in the courtroom!

Lawyers introduce themselves.

Some audio problems with judge. Resolved now.

Judge Faruqui tells Denney who he is and says "this is not the norm."

Judge apologizing for Denney being lost.

"No excuse for treating a human being like that."

Enforcing the Denney is presumed innocent. Apologizing to him again.

Judge saying he may or may get released. Law may not be on his side. (I don't think so) Says Denney will have ability to appeal if he doesn't like the outcome today.

Judge now going through the facts.

Complaint Dec 7, arrested Dec 13, Initial Appearance Dec 14

Says Denney "chose" to have Preliminary Hearing in DC.

That's not on the record anywhere, but OK.

(Me: There's no transcript of the Texas hearing.)

Judge pointing out that only ten days is excludable for transport reasons, but other exclusions could apply.

Judge confirming with all parties agree that Denney arrived in DC on Jan 31.

Everyone agrees that seems to be correct. AUSA had an email to that effect from the Marshal's service as an exhibit.

Judge agreeing that court was approached to set an Initial Appearance and the first available date was March 10.

Judge laying out the govt's theory that it can have two Initial Appearances.

Judge laying out Ship's responses. Telling Denney: "Your lawyers are working for you." Over the weekend. "They are making me work too, which is fine."

Judge explaining Ship's motion to dismiss due to the absence of an indictment.

Judge Faruqui saying that since he's only a magistrate judge he can't make a final ruling on the request to release; it has to go to Judge Howell (she's a full district court judge.)

AUSA saying that they went TODAY to the Grand Jury and got a one count indictment of Denney (she doesn't say what it is for.) So, indictment now pending. Judge notes that that's not the end of the conversation.

Judge saying he know's how hard the DOJ is working and how big the investigation is, but that doesn't really matter for Denney who has fallen through the cracks.

He says the govt still has to follow the rules. If they can't manage this many cases, that is the govt's problem, not the defendants' problem.

Judge agreeing that the 14 days for the Preliminary Hearing has to be from the Initial Appearance - it doesn't matter which district that was in.

So, he says what he's doing right now is NOT an Initial Appearance.

"Unfortunately, the govt indicted you today." So, I'm not sure I can release you today.

He thinks the indictment moots out the issue about the Preliminary Hearing. (Me - this may be right, but it does not change the problem with the fact that the indictment was after 30 days.)

He's "at a loss" that the law does not allow him to do anything about the this. He's wrong about that. He has to dismiss this case - not for the Preliminary Hearing violation - but the Speed Trial Act violation.

He wants briefing on the Speedy Trial Act. "I'm sure it doesn't take much to read the room that I am very unhappy here."

He's telling Denney that the cases say it "cover up the blemish" of the lack of a Preliminary Hearing. He's right about that, but it's irrelevant for the Speedy Trial Act problem.

He's really actually quite upset that he thinks he can't do anything about this. "There is no way to quantify the harm." "It's really offensive as to what this country stands for."

It seems like he thinks he's only looking at the Preliminary Hearing issue.

HE SHOULD BE RULING ON THE SPEEDY TRIAL ACT ISSUE.

He says if people are going to say this is like the worst offense ever (Jan 6), then those same people can't just ignore the rules that the constitution requires for the pre-trial procedures.

He wants to set a briefing schedule. 🙄

Shipley is now talking. He's saying this procedure is not a mystery.

He's saying it's absurd that the Gov even asked for an Initial Appearance in the first place.

"The govt gets no credit for coming to the court and asking for that."

Ship pointing out that the case the judge cites PREDATES the Speedy Trial Act. Congress in the statute made it clear that an indictment after 30 day MUST be dismissed.

He understands that Judge Howell has ordered a report from Judge Faruqui and all this stuff needs to be briefed, but he should be released today.

My opinion: This judge is NOT going to release Denney today.

Judge trying to clarify: we are talking about the Speedy Trial Act issue now.

He's finally drilling down on that issue. He's talking about the Chief Judge's standing order on this issue. It's about the COVID situation. Jury trials are postponed.

Judge acknowledges that's fine for trials, but he says Shipley is going to say that has nothing to do with the requirement to INDICT within 30 days.

He's telling the AUSA - don't just cite that Order without analysis, which is what the Govt did in another case (post-trial).

Judge telling Denney he's going to follow the law. "We've let you down." "I understand why Mr. Shipley is angry on your behalf."

AUSA saying maybe Shipley wants to brief first in light of cases and Standing Order that judge cited.

Shipley saying all that's fine, but he wants to see what the govt is going to say so he can fully respond to it.

Judge giving AUSA a WEEK to file; Shipley saying he will start working on it already and will Oppose by Thursday. Judge setting another hearing for March 22nd.

It's an outrage. But Judge asking if Shipley wants to push any other remedy. Shipley saying Denney is entitled to a de novo hearing on the detention because it comes from another district (this is a correct statement of the law.)

Judge saying time from now is excluded, but Shipley saying the time up to now carries over to the new indictment. Shipley is correct. It's in the statute.

That is 18 USC 3161(d)(1).

Denney thanking the judge for taking the issues seriously. He's saying the whole thing of being "lost" is hard on his family - kids are failing.

Judge telling him that his lawyers are fighting hard for him. His medical situation is not being taken care of, the court gives the paperwork to the defense to address that.

Judge says Shipley is a credit to the court for bringing this case to the court.

He's done for today. Parties excused. Denney goes back to jail.

Unacceptable handling from the court. This case illustrates how the criminal justice system is treated like an assembly line rather than a system of justice. Even when the judge is outraged, there's no prompt action taken. I'm just disgusted.