Denney Case(Illegally Detained January 6 Defendant)
There's an arraignment in this case today at 3:30.
An arraignment is where a person is formally told what the charges are & dates for next steps in the case are set.
I'll be live tweeting.
I recommend you watch this space.🙃
Denney is currently detained on an illegal indictment - it's in violation of the Speedy Trial Act.
There are several ways to address that. We'll see how it unfolds.
He's entitled to a review his detention regardless. We will likely get a hint of how/when that will happen too.
Since the hearing last week before the magistrate, the case has been assigned to a regular judge, Judge Moss.
That's because the govt got it's "play at the plate" indictment for 1 count just before the hearing on the defense motion for release for lack of a Preliminary Hearing.
So the arraignment today is set to be heard by Judge Moss via video-conference. Denney is being housed at a facility a short distance away from Northern Virginia & due to covid measures these hearings are being done remotely these days. That part is normal under current rules.
Judge Moss WON’T take up today the defense Motion to Dismiss for violation of the Speedy Trial Act.
There’s a hearing for that on the 22nd & a briefing schedule in place for the parties to present their positions on it to the magistrate who will prepare a report for the court.
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Denney. Under the federal Rules, (Rules 10 and 11), the Arraignment MUST include a plea by the Defendant to the charging document & the Defendant may plead guilty if he wants to. This is basic procedure & law. Not complicated.
The judge's job for a guilty plea is ONLY to make sure there is a factual basis for the plea (the facts you agree happened violate the law) & that the plea is knowing & voluntary. He can only reject a guilty plea for those reasons.
It is the defense lawyer's job to help the client determine if a guilty plea is the strategic choice that he wants to make. The judge has no role in that decision. And the defense DOES NOT have to give the prosecutors or the judge a preview of that strategy choice.
Status: The defense lawyer, @shipwreckedcrew, filed a Motion to Dismiss the COMPLAINT, that the Govt conceded today. The Govt got an Indictment last Monday. There are no motions pending to dismiss THAT, although the Govt agrees to it in their pleading.
The purpose of today's hearing is to formally advise the defendant he has been charged under that Indictment, have him enter a plea and set dates for the case.
Given the doings up until now, however, in this case that will definitely NOT be all that happens at this hearing.
I'm in on the public line. We are waiting for the court to call the case.
The Govt just filed it's Response to the Motion to Dismiss & admits the case must be dismissed for violation of the Speedy Trial Act. They just want it to be w/o prejudice to refile it.
They just wanted time to brief whether they can refile the charges, so they were perfectly happy to let him sit in jail for another week. It's despicable.
Govt programs can always be abused, but just because the public is finding out something now doesn’t mean it’s a secret or nefarious. DOD’s Threat Reduction Agency has been in operation for decades & is openly funded in the budget. Its website. dtra.mil/Home/Article-C…
Here’s its general explanation of its work in Ukraine - a former Soviet satellite.
I’m not saying slavishly believe everything the govt says by any means. But don’t slavishly disbelieve either. And educate yourself on the topic generally before you start forming opinions about claims being made by partisan actors.