Saturday, January 16, 2021

In DC Meredith Who Threatened Pelosi Still Detained New US Memo For Jan 14 Argument

 In DC Meredith Who Threatened Pelosi Still Detained New US Memo For Jan 14 Argument

By Matthew Russell Lee, Patreon Song
BBC - Guardian UK - Honduras - ESPN

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?"

Meredith: Yes.

 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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In EDNY Florea Jailed For Bullets & Warnock Threats While Capitol Police Puncher Was Freed

 

By Matthew Russell Lee, Patreon Song Doc
BBC - Guardian UK - Honduras - ESPN

FEDERAL COURT, Jan 13 –  A week after in the US Capitol among other things Mark Leffingwell stuck a Capitol Police officer repeatedly with a closed fist (and was freed), a New York man who did not traveled to DC was arrested, using a tank, and was detained in the U.S. District Court for the Eastern District of New York. Complaint on DocumentCloud here. Inner City Press live tweeted detention hearing here:

Eduard Florea is charged with having 1000 rounds of rifle ammo, 2000 shotgun rounds, 75 military knives, 2 hatchets and 2... swords. AUSA says he used Parler account about Jan 6.

AUSA is quoting Florea's comments / threats about Senator elect Warnock. "The time for peace and stability is over. Three cars of armed patriots on way from NY to DC."

AUSA: He applied to join the Proud Boys. He had not attended the requisite number of meetings. But he went and vandalized a church in DC in December. 

EDNY Magistrate Judge Sanket Bulsara: When was that? AUSA: December 12.

AUSA: The defendant is particularly dangerous in the current charged political environment. We seek detention. Brooklyn Federal Defender Mia Eisner-Grynberg: He has only one prior offense. He bought the guns legally. Since 2014, nothing.

Defender: This is a bailable case. The US says He did not ultimately travel to DC. He is not charged with any online threat. By contrast, yesterday they consented to release to those who broke into Capitol [Aaron Mostofsky, here]

Defender: My client does not condone the breaking into the Capitol, he asked me to tell you that. He is a software engineer, with children aged 8 and 4. They would be left without financial support and he'd be in MDC, with COVID

Defender: His wife and mother are ready to sign. His mother owns a $700,000 house in The Bronx. He was not found committing any act of violence. If he was in DC before, he's not charged with vandalizing any church. He may have been protesting, lawfully

Defender: They came to my client's house today in a tank.  AUSA: You can't condemn what happened in the Capitol and hang out with the Proud Boys. He has a history of violence against his wife. His mother was a co-defendant in his gun case.

 AUSA: She was referring to Mr. Mostofsky. He was not threatening to kill a senator elect. He committed his own crimes, for sure. But this defendant is a danger. Detain him.

Judge Sanket Bulsara: Let me orient us. I'm denying bail and ordering detention.

Judge Bulsara: The ammo was in his home. He has a prior felony. Provided that the government shows interstate commerce [seems to chuckle], that would lead to conviction. His statements before, during & after January 6, he posted a premeditated plan against NY & DC

 Judge Bulsara: Every lawyer knows that the Complaint only makes out the bare claims, other felonies can easily be charged given the alleged facts here. He threatened a Senator, he encouraged others to engage in that - this was not blather.

Judge Bulsara: You cannot say that 'The rhetoric was high on both sides.' The rhetoric was high on this defendant's side. It reflects a distaste, an abhorrence for the rule of law. It is hard for this Court to conclude he will follow the instructions of this Court

Judge Bulsara: Sure some felon in possession cases are bailed out. But these are 1000s of rounds, and other weapons. That he did not travel to DC, I don't know why that matters. His conduct occurred all during the day of the 6th. I take seriously the December trip

Judge Bulsara: That others got bail, the Court evaluates each case separately. Yesterday was different [Mostofsky]... This is not mere blather. It is deeply incorrect to make that suggestion. I'm entering a permanent order of detention.

Defender: I'd like there to be a medical order to the MDC. Judge: Just send it over. 

Defender: It's his right shoulder, injured during the arrest. Judge Bulsara: I will sign the order.

By contrast on January 8, Mark Leffingwell who entered the Capitol and punched a Capitol Police officer 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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Pepe Bailed by SDNY On Federal Charges Warrant for Phone As Coffman Detained in DC

 

By Matthew Russell Lee, Patreon Song
BBC - Guardian UK - Honduras - ESPN

SDNY COURT, Jan 13 – Seven days after in the US Capitol among other things Mark Leffingwell stuck a Capitol Police officer repeatedly with a closed fist, he was released to fly back to his home in Seattle, no GPS monitor, no bond. 

 For Westchester County's William Pepe, 31, it went the same way, with release on unsecured $10,000 bond with no co-signers on January 13. DOJ press release here. Inner City Press live tweeted it, here:

Presiding is SDNY Magistrate Judge Judith C. McCarthy. "Mister Pepe, can you hear and see me?" Yes.  AUSA: This is a 5(c)(3) proceeding on a DDC complaint. Mr. Pepe has been arrested. Judge: Any ID hearing? Defense lawyer: No, he'll waive it.

Judge: This is not a trial, Mr. Pepe. This is an initial proceeding, on the arrest warrant signed on January 11.   William Joseph Pepe is 31 years old. Some college. No alcohol in the last 24 hours.

Judge: What's the process on a financial affidavit? Defense lawyer: He intends to retain his own counsel. I've spoken to the firm. They are negotiating an engagement letter. I ask that I be assigned for presentment purposes only.

AUSA: Mr. Pepe was arrested yesterday at 1 pm in White Plains. We have reached a bail package. A $10,000 unsecured bond, release today on his own signature. GPS and a curfew from 10 pm to 6 am.

AUSA: He traveled to DC and went into the Capitol. He's been suspended from or lost his job, so curfew would not curtail employment. We want a stay away order for DC, in light of upcoming Inauguration, except for in-person court proceeding.

Judge is so-ordering it.

While Pre-Trial Services suggested that 2 financially responsible people co-sign the $10,000 bond, Judge McCarthy went with what the AUSA and defense agreed: no co-signers. Next proceeding Jan 22 at 1 pm.

Federal Defender says, Press, do no call us, we have no comment. And I advise Mr. Pepe not to speak to the press. Not a good idea. Where is his phone? Pepe: It's in my possession, with my property. I have it right here. FD: Fabulous.
Now AUSA says, Get a new phone - we're getting a warrant.
It's over.

As to Leffingwell, 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.

***

Your support means a lot. As little as $5 a month helps keep us going and grants you access to exclusive bonus material on our Patreon page. Click here to become a patron.

UN Told Inner City Press To Destroy Evidence of UN Sex Abuse So Now OSLA Complaint Filed

 

By Matthew Russell Lee, Patreon Appeal
BBC - Guardian UK - Honduras - ESPN

UN GATE, Jan 12 – How corrupt and unaccountable is today's United Nations?

 Well, in November 2020 Inner City Press went to attend and report on a UN Dispute Tribunal proceeding about a case of sexual harassment in the UN, a proceeding which was announced as open to the public, as US court cases are. 

 But when Inner City Press signed in and gave its name, it was excluded. Later, when it obtained and published evidence presented in the case, a UN Dispute Tribunal judge ordered it to destroy the evidence or be banned from all future proceedings. 

 This while UN Secretary General Antonio Guterres falsely claims to have zero tolerance for sexual harassment and abuse, while himself banning Inner City Press from UN briefings now for 924 days. Now on this record he wants a second term, another five years. 

  On December 21 Inner City Press filed a formal appeal with the UN Appeals Tribunal, full filing here on DocumentCloud.

Now on January 12, a related complaint has been filed with the UNDT Registrar: "while I respect Mr. Shehabi's desire to act in the best interests of his client, his motion of 5 November is not only outrageous, it flies in the face of everything the Secretary-General has ever said - to the member states, the media and the public - about the U.N. having 'zero tolerance' for sexual misconduct.  The fact that Judge Adda actually granted this ridiculous motion is another matter altogether, but that does not detract form the fact that the purpose of anonymity is to protect the victims of misconduct; it is not to protect the identity or the reputation of the offenders like Mr. Padula. To do so would bring the U.N. 'justice' system even further into disrepute that it has hitherto managed..  Mr. Lee alone has been penalised for reporting information that was disclosed in the course a UNDT hearing that was open to the public, and for publishing images that were only made available to him through the negligence of the Counsel for Mr. Padula, who put the information into the public domain in the first place.  As such, I do not believe there is any good reason why he should not be made aware of this complaint against Ms. Shehabi." By, Peter A Gallo, cc: Matthew Russell Lee.

The formal appeal was prefaced by this: 

"While I have conferred with UN practitioners on that attached, I would like to add that as a US journalist I find it particularly outrageous that the UNDT purported to order me to destroy evidence of sexual harassment / abuse within the UN, of the type that the UNSG and his spokepeople refuse to answer about or allow Inner City Press into its briefings to ask, even by WebEx which the IMF, for example, answers Inner City Press' over. All of this should be reversed.  This is a request that you acknowledge receipt and also provide a case number."

 And still, nothing from the corrupt UN of Antonio Guterres. #No2dTerm #DumpGuterres

We will have more, including listing those who have received the filing without response, complicit in the UN's cover up of abuse. Watch this site.

***

Your support means a lot. As little as $5 a month helps keep us going and grants you access to exclusive bonus material on our Patreon page. Click here to become a patron.