Thread by @JordanOnRecord

The DOJ says the charges against Lucas Denney are only surpassed by those in the Oath Keepers' sedition case. But it also let him sit in jail for 85 days without indictment -- and now a judge is poised to dismiss the case. wusa9.com/article/news/n…

!! Denney's attorney, William Shipley, says they want to plead guilty to the one-count indictment the DOJ got against last week for assaulting police w/ a dangerous weapon.

DOJ got the indictment in a hurry because they were way past the Speedy Trial Deadline.

Denney was charged via complaint w/ seven felonies, including the 20-year max obstruction charge. But DOJ blew past the Speedy Trial Act deadline and had to play catch up, so they indicted him quickly on 1 count.

Now, Shipley says, you got your indictment and we'll plead to it.

Judge Moss says if Denney pleads guilty to this indictment it would presumably preclude any further charges due to double jeopardy.

"That's correct," Shipley says.

"Mr. Denney is here, prepared to admit his conduct and plead guilty to the only pending charge," Shipley says.

The Justice Department REALLY screwed themselves on this one.

Shipley says the DOJ ran to a grand jury last week in bad faith, and he wants Judge Moss to order them not to do it again to try to "escape from the trap they've set themselves."

They're going to come back at 2 p.m. tomorrow to try to resolve this. Judge Moss is going to have to order the U.S. Marshals Service to get Denney to D.C. because they facility he's at can't make him available at that time. The whole thing is a mess.

DOJ *clearly* did not expect Shipley to come in today and say Lucas Denney wanted to plead guilty to the single-count indictment. They figured Judge Moss would dismiss w/o prejudice so they could get a new indictment at their leisure. Shipley called their bluff.

Back on the record. Judge Moss says he knows Shipley is trying to preempt a superseding indictment, but he's worried about Lucas Denney's rights too. Says a quick look at the case suggests he could be facing 47-56 months "in a rush to cut the government off."

Shipley says he was an assistant U.S. attorney and has now been a federal defense attorney for 7+ years. "I know my way around these cases," he says. Tells Judge Moss once he learns the facts of the case, he won't be as concerned about enhancements.

With her feet back under her, AUSA Jennifer Rozzoni says the government doesn't oppose Lucas Denney pleading to the single-count indictment if he's doing it willingly and with a sound mind.

So they'll all be back on Thursday, possible for a plea hearing. Whew. Revised story coming soon.

NEW: Lucas Denney caught the DOJ and a federal judge off guard today. They were prepared to argue over dismissing his case.

Instead, he said, he wanted to plead guilty. That set the prosecutor scrambling. wusa9.com/article/news/n…