In DC Meredith Who Threatened Pelosi Still Detained New US Memo For Jan 14 Argument
FEDERAL COURT, Jan 13 – Three days after in the US Capitol among other things Mark Leffingwell stuck a Capitol Police officer repeatedly with a closed fist (and was freed), an affidavit was unsealed about still detained Cleveland Grover Meredith with a detention hearing now pushed from January 13 to 14.
Inner City Press began live tweeting the January 13 proceeding, until it abruptly ended, here:
Judge Harvey has started up. "Mr Meredith, can you hear me?"
Judge Harvey: I only got the release memo just before getting on the bench...
AUSA has not responded in writing. So this is being put over to tomorrow at 2:45 pm.
Inner City Press put Meredith's memo on DocumentCloud, here. And now this, from the US response filing on the night of January 13:
the Government counsel filed a Memorandum in Support of Detention (ECF 4) on January 13, 2021, at 3:09 a.m., and was in receipt of the defendant’s Memorandum in Support of Relief (ECF 5) that day at 12:09 p.m.
Argument The defendant argues that the interstate communication of a threat to kidnap or injure another person does not qualify as a crime of violence. This ignores the analysis in United States v. Santoro, 359 F.Supp. 3d 122 (D. Me. 2019), which determined that such an offense, as enumerated under 18 U.S.C. § 875(c), is a crime of violence. The very threat to injure another, it reasoned, is a threatened use of violent force. As is the case here, the court noted that “[t]he defendant has not explained how one can threaten to injure the person of another without such a threat implying the use of violent force to do so.” Santoro, 359 F.Supp. 3d at 128; citing United States v. Chapman, 866 F.3d 129, 134-35 (3rd Cir. 2017) (where a mailed threat to injure someone under section 876(c) amounted to a crime of violence). Similarly, in citing Sontoro, the same decision was reached in United States v. Christy, No. 3:18-CR-223, 2020 WL 2794617, at *4 (M.D. Pa. May 29, 2020), where the communication of threats, including to the President, “are clearly crimes of violence under the Bail Reform Act.” See 18 U.S.C. 3156(a)(4); United States v. Choudhry, 941 F.Supp. 2d 347, 351 (E.D.N.Y. 2013) (communication of threat to injure another is a crime of violence for detention purposes).
As in the case where a threat issued to the President of the United States qualifies as a crime of violence for purposes of detention, the same conclusion should follow here in the communication of a threat against a Congresswoman. Nevertheless, the defendant does pose a serious risk of flight as well. He has no ties to this community and has a means of transportation. Moreover, he has exhibited an extreme degree of hostility against governmental functions, ostensibly traveling to the District with violent intentions at a time that coincided with a hearing to confirm the next President of the United States." Watch this site.
On January 8, by contrast, Mark Leffingwell was released to fly back to him home in Seattle, no GPS monitor, no bond.
Inner City Press covered the case. U.S. District Court for the District of Columbia Magistrate Judge G. Michael Harvey held the detention, or really non-detention, proceeding. Inner City Press live tweeted it here: (then, song here)
Now in Federal Court in DC, hearing of detained Mark Jefferson LEFFINGWELL who "attempted to push past me and other officers. When he was deterred from advancing further into the building, LEFFINGWELL punched me repeatedly with a closed fist."
Assistant US Attorney is *not* asking for detention . He'll be allowed to travel back home to Seattle.
AUSA: We'll be requesting strict conditions... A stay-away from DC... A curfew. Judge: You say he works. What is it? Lawyer: A packaging plant called Panacea in Everett, Washington. 30 to 40 hours a week.
From the complaint: "I was struck in the helmet that I was wearing and in the chest. Working with other officers, I was able to gain control over LEFFINGWELL, who attempted to struggle while being detained. I transported LEFFINGWELL to US Capitol Police HQ."
Judge Harvey: Believe it or not, I have a lot of these case. Pre-Trial should find out about GPS in the Districts where these folks come from. I released someone else yesterday. Defense: GPS is not necessary. He has 2 children.
Defense: He wants to go to church on the weekend. No need to be on a GPS. We'll take a stay away. He's never been to DC before.
Mrs. Leffingwell: I'm an insurance agent. We have a son, Noah, and Nicholas. Judge: I am going to release Mr. Leffingwell.
Judge: You can turn in your guns to a police station. You must call pre-trial once a week and keep working [at the packaging plant.] Stay away from DC except for court. Our proceedings will be remote, you probably won't have to come.
Judge Harvey: I don't see the point of putting him on a curfew if we're not going to do GPS. Defense: He needs his ID to fly back to Seattle.
AUSA: We have nothing.
Defense: He passed his phone to one of his friends. I think they have his license.
AUSA: A third party? I can look for it. Which agency.
Defense: He was brought to 1-D-1, next to the baseball field, then the cell block.
Judge Harvey: I am going to release Mr Leffingwell. He must stay away from Washington DC. [That seems to be the main focus]
Judge Harvey: You'll have to Zoom in to the preliminary hearing... We've got the phone number, no worries, Mr. Leffingwell.
Song on SoundCloud here.
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