At the detention hearing on Dec 30, we learned that prosecutors had a 2-count indictment against Cole from a "local grand jury," meaning one empaneled by the Superior Court of the District of Columbia—not one empaneled by the federal court.
đź§µRichman v. United States
(Arctic Haze search warrant material case)
ORDER: DOJ must get a search warrant for Arctic Haze/Richman materials seized from Richman in 2017, 2019, and 2020.
And that includes materials under seal in the EDVA and within DOJ "component" offices.
Backstory:
Just days after United States v. Comey was dismissed for Interim U.S. Attorney Lindsey Halligan being unlawfully appointed, Daniel Richman, who is Person 3 from the indictment in the Comey case, filed a civil case against the DOJ.
Richman wants the property he volunteered to DOJ in 2017 and the materials that were seized from him pursuant to the four Arctic Haze search warrants in 2019 and 2020 to be returned to him.
A D.C. Superior Court grand jury returned a two-count indictment against Cole for the same two counts charged in the criminal complaint—18 U.S.C. 844(d) and 844(i).
This indictment has not been filed publicly but was presented to the judge yesterday.
2/5
Federal prosecutors using a local grand jury in this way is a new thing in DC. It came about thanks to the Trump Admin's push to neutralize criminal activity in the capital.
But the issue is currently before the Court of Appeals.