Judge Nichols' novel reading of the 1512(c)(2) statute continues rippling outward. Now one of the #CapitolRiot defendants who pleaded guilty before him, Gina Bisignano, wants to withdraw that plea, citing his ruling in the Garrett Miller/Joseph Fischer cases.
Judge Nichols is the only judge in the D.C. District to find a document requirement in 1512(c)(2) — the obstruction statute under which many #CapitolRiot defendants are charged. Even his three fellow Trump appointees have explicitly rejected it. wusa9.com/article/news/n…
Gina Bisignano's plea deal was unusual: it was filed under seal and was one of only a handful that specifically mentioned witness protection.
That's likely because Bisignano had a meeting w/ other #CapitolRiot defendants after Jan. 6, including Danny Rodriguez & Ed Badalian.
The attempt to withdraw the plea isn't entirely surprising. Gina Bisignano has been waffling since it was unsealed. She told other Trump supporters she regretted it — although, she also told @ryanjreilly she though people should "owe up to what you did." nbcnews.com/politics/justi…
Gina Bisignano isn't the first #CapitolRiot defendant to attempt to withdraw her plea. As I reported earlier this month, "QAnon Shaman" Jacob Chansley's new attorneys are also hoping to convince a judge to toss his conviction and plea. wusa9.com/article/news/n…
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Rep. @RodneyDavis releases 2nd statement calling for release of footage showing @RepLoudermilk meeting w/ what he's described as "constituent family" on 1/5.
Statement mischaracterizes @January6thCmte's letter, which does not accuse Loudermilk of leading "reconnaissance tours."
See @January6thCmte's letter below. More at issue seems to be that @RepLoudermilk was among @HouseAdmnGOP members who reviewed video and said there were no groups/tours prior to 1/6. Loudermilk now says he did meet w/ group on 1/5 while Capitol was closed.
Rep. Loudermilk and Rep. Davis were also among a group of GOP members who filed an ethics complaint against Democrats for alleging Republicans led tours prior to 1/6. wusa9.com/article/news/n…
Starting soon: At 2 PM, five Proud Boys indicted for allegedly conspiring to disrupt the certification of Electoral College votes on Jan. 6 will be back in court for a control status hearing. There used to be 6 in the case, but: wusa9.com/article/news/n…
Bad waiting music today. Bring back the Spin Doctors-esque muzak.
OK, we're getting started. Everybody is present except for Zachary Rehl. His (new) attorney Carmen Hernandez says he'd rather be present, but he understands. Rehl previously had attorney Jonathon Moseley, but dropped him shortly before he was disbarred. wusa9.com/article/news/n…
Starting now: Motion hearing for nine Oath Keepers in the seditious conspiracy indictment.
Up first: David Fischer, attorney for Thomas Caldwell, arguing the seditious conspiracy charge should be thrown out because it requires a conspiracy against the enforcement or execution of a law, and, he argues, Congress "cannot execute a law."
Fischer quickly glosses over his argument that a member of the executive branch would have had to been executing a law on Jan. 6 without noting that a member of the executive branch, VP Mike Pence, was there.
See a lot of Twitter speculation about right-wing Pastor Greg Locke's latest fusillade. While it's certainly true his rhetoric has gotten more incendiary and overtly political recently, that doesn't necessarily mean it violates Section 501(c)(3) or the Johnson Amendment.
Section 501(c)(3) DOES allow churches/religious leaders to take positions on public policy issues. Religious leaders can even explicitly endorse candidates *as long as it's not at an official church function or spoken as a representative of the church.*
Greg Locke's latest comments are obviously political *and* take place during an official church function... but that's still probably not enough. 501(c)(3) is tailored toward communications about specific candidates or political campaigns, not general screeds against one party.
Good morning all.
Back from vacation and beginning with a status hearing for Floyd Roseberry, the NC man accused of threatening to blow up the Library of Congress if Pres. Biden didn't resign. google.com/amp/s/www.wusa…
Roseberry's attorney says discovery has been completed for several months. They've received a plea offer from the DOJ and are working on a counter offer. They're waiting for paperwork from the DC Jail about an incident in which Roseberry, he says, saved an officer's life.
Roseberry asks about the possibility of bail to go home to take care of his wife during a serious health issue.
He says he wouldn't have made the threats if he had been "in my right mind" and on the correct medication.
Timothy Hale-Cusanelli will be in court today before Judge McFadden for a pretrial conference. Expect discussion of what questions potential jurors will be asked about Nazis, Hitler.
Hale-Cusanelli is scheduled to begin a jury trial May 23. He's under indictment on 7 counts, including two felony counts of civil disorder and obstruction of an official proceeding.
The pretrial conference starts at 10 a.m. In addition to the jury question stuff, Hale-Cusanelli has pending motions for dismissal and a change of venue. Neither likely to succeed. google.com/amp/s/www.wusa…