Thread by @joshgerstein

HAPPENING NOW: Judge Metha holding pretrial conference re Oath Keepers seditious conspiracy trial now set for Sept. 26. Defense seeking to delay it due to House #Jan6. Haven't got to that yet. Discussing jury selection

Mehta re questionnaire: 'Brevity is better here….nobody wants to have a 2 week jury selection.' Also he says he thinks open-ended Qs about media consumption may be unhelpful (doesn't mention if they're improper).

Rhodes lawyer Linder says defense recently had a three-day 'work weekend' for several defense attys in Dallas where they worked on questionnaire and stipulations. Linder: 'We are making big striders to getting ready...I don't think we can realistically be ready in Sept.'

Def atty Juli Haller says she's exploring 'a public authority defense,' which typically means that Trump allegedly gave permission to engage in illegal acts on #Jan6

Def atty Brad Geyer says he wants info on suspicious actors and material witnesses that he thinks there should be more info on in discovery

He's speculating about a guy named 'Pastor Bill' who he says was walking around Capitol and wasn't charged...

Judge Mehta is cutting him off now after several minutes, saying he should file a discovery motion if he thinks he's not getting something he should. Now Geyer is interrupting. 'Another group attacked the Capitol...I know who did it.'

Geyer says someone talked at Capitol of getting permission for crowd to go up on steps. Geyer also complaining that FBI claiming it had only one CHS (confidential human source) at Capitol on #Jan6. Judge is moving on.

Linder says factual statement in another case said Rhodes made a call trying to get in touch with Trump (unclear when), but prosecutors in this case have yet to offer any evidence on where that allegation came from.

Linder is complaining about access, but judge says: 'These defendants are getting far more access to electronic discovery than most defendants do--than any defendant.' Complaint seems to be with access issues at Alexandria jail.

Linder wants Rhodes put in DC Jail (CTF): 'It would be easier if Mr. Rhodes was moved into the facility with the other defendants.' Mehta: 'There are reasons.' Says 'it would not be wise' for him to interfere with those decisions.

Linder: 'If we have to go to trial in Sept., he will not be ready.' Mehta says he'll 'do what we can to provide access.' Seems obvious feds don't want Rhodes in jail with other #Jan6 defts

Now Linder says 'He's had no access to evidence' because they haven't given him a hard drive with discovery. 'There are a myriad of problems that are going to prevent us from being ready in 8 weeks.'

Mehta says he has trials scheduled in Jan and Feb. and on into next year. Judge: 'I can’t give you January I'd have to move 3 or 4 other trials that are already set in January for defendants.' Judge notes defense will argue that's 2nd anniv of #Jan6

Obvious answer here seems to be to move Oath Keepers (II) set now for February to later and do Rhodes et al (I) in that slot. Of course, that'd push back those defendants even further. Linder: 'This one is the biggest, with the exception of the proud boys this one is the biggest'

Mehta thinks defense has a shot at winning in this case. Judge: ‘I don’t think this is a laydown for the United States at all. And let me tell you something I don’t think jurors…’ in DC will think that either.....

Mehta: 'If we were in the Eastern District of Virginia this case would’ve been tried by now.' Says Haldeman precedent is right on point.

Mehta re House #jan6 ctte: 'The Oath Keepers conduct has been referenced in half--15 minutes period in 1 out of 8 or 9 hearings.' Adds: 'I can’t control it. I wish I could, I can’t.' Seems to want to say more re House then decides not to.

Mehta re House panel: 'I don’t know what they’re going to do and when they’re going to do it. This is a court of law. We cannot wait on the legislative process to move forward.'

Judge also says House panel hasn't uncovered anything at all linking Oath Keepers to Trump. Mehta: 'It’s not based on anything that they have found that’s unique to their investigation. They’ve added nothing-nothing on that score to the public record at all.'

Mehta feels kind of sandbagged by atty Woodward saying he can't do trial in Sept. because his family is expecting baby. 'I really don’t mean to be insensitive….Now, you’re telling me about 7 weeks before the trial’s going to start.'

Now Mehta gets angry after Haller suggests some motivations for House having more hearings in Sept. Attributes that to POLITICO and some outlet called NY Times. Judge asks if she's saying they're doing to that to impact the trial. She says no.

Mehta says he won't hear arguments about House panel's motivation

Mehta says is discovery problems are as big as defense says: 'In some sense if what you all are saying is true, the government is taking a great risk by [moving to] set this trial at the end of Sept.

Metha asks why govt acceded to delay in Proud Boys case but not in OKeepers. AUSA Rakoczy says they expected doc dump: 'The government did not have perfect information at that time but we were afraid that would come to bear. & that seemed much more certain at that point in time'

In break now, but just before it Mehta said of #J6 hearings & OK: 'There were some pretty inflammatory things said about them.' Rakoczy also argued that a delay to next year would bring us into presidential election cycle & more #J6 publicity