Sunday, March 28, 2021

In DC Insurrection Case NM County Commissioner Detained For Return to DC Amid Pelosi Talk

By Matthew Russell Lee, SongPatreon Podcast

BBC - Guardian UK - Honduras - ESPN

FEDERAL COURT, Feb 1 – The January 6 Capitol entry by New Mexico County Commissioner Couy Griffin, and his statements about return, resulted in his continued detention in a February 1 U.S. District Court for the District of Columbia proceeding. Inner City Press live tweeted it, here:

DDC Magistrate Judge Zia Faruqui: The Federal Public Defenders are working on a lot of these cases, and there are CJA lawyers like Mr. David Smith. I will appoint him. And my questions will mostly be directed to him.

 AUSA: He said at a County meeting that he was going to return to DC for the inauguration, & that he would bring firearms. We don't think it is a good idea to release him.  Pre-Trial Services: He could be released, if no firearms, not to obtain or retain a passport

 Defense lawyer Smith: My client has been released into population, no longer quarantine. And he never refused to speak to you on the cell phone - he thought it was a lawyer wanting to represent him. Judge Faruqui: You don't need to explain further.

Defense lawyer: Unlike many others who have received a lot of media attention, Mr. Griffin is only charged with a single misdemeanor. I read in the Washington Post that defendants who have been charged with this offense have been given pre trial diversion

 Defense lawyer: So he would be fool hardy to flee. He's lived his whole life in southern New Mexico. He's part of the county government. He's mostly charged with statements. We cited the Lemon case, 1986, from the DC Circuit.

 Defense lawyer: If he were not released, he could not meet his responsibilities to his constituents in New Mexico.

Judge Faruqui: Thanks for your research into cases from a long time ago. Let me explain my decision, which could be appealed to the Chief Judge. The government has not been asking for detention in many Capitol riot cases. Less than 25% of cases. But they are, here. If he does not believe in the authority of the elected government, how can I trust him to return?

 AUSA: He was arrested outside the Capitol when he returned to the DC. Judge Faruqui: I do not believe release is appropriate in these circumstance.

 Judge Faruqui: This is not a case where you are allowed to enter the Capitol until you are asked to leave. These are sacred locations in our democracy. There is evidence proffered that he said, "The only good Democrat is a dead Democrat." Words matter.

 Judge Faruqui: Mobs are not OK on either side. He said, "There will be blood running out of that building," and he mentioned Nancy Pelosi. He does not believe this is a lawful government. He said the US is owned by China. Does he need a mental health evaluation?

 Judge Faruqui: We all live in a system of rules that we have to follow. You cannot climb the steps of the Capitol they way he did. People have lost elections before and we did not have this type of response. He has a lack of faith in the US government.

 Judge Faruqui: On the other hand, he is an elected official. Yet he talks about blood running out of Congress. I don't believe he will follow my orders. He doubled down. He thought January 6 was appropriate. Then DC was a fortress.

Couy Griffin and his lawyer are back from break-out room.

Judge Faruqui: It's 14 days from initial appearance, today.

Defense lawyer: We want it on Feb 8. Judge Faraqui: Is the government going to indict and moot this? AUSA: We only have to file an information.

Griffin's lawyer: How could my client know that a person protected by the Secret Service was present? When he said blood out of Capitol, he meant "if there was a Second Amendment rally on the steps." It's an inappropriate insinuation to say he planned blood

Griffin's lawyer: The Lemon case says can't detained base on core political speech, like his statements about Democrats. 

Judge Faruqui: You have a legal interesting case. My decision remains the same. You could appeal to Chief Judge.

 Judge Faruqui: He had a bullhorn. He wasn't a wall flower. That is my decision. Defense lawyer: How do we get a transcript? [Inner City Press will cover any appeal - and watch this site.

Inner City Press live tweeted Riley June Williams on January 25, here.
And now, #insurrectionBlues has gone electric, here

 


  From January 22, song here: Thread here.

 Inner City Press' John Earle Sullivan 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.