Wednesday, July 21, 2021

In DC Capitol Breach Case of Guy Reffitt Judge Friedrich Cuts Out Public Without Notice

 

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

FEDERAL COURT, July 21– Minutes into a break in the impeachment trial in the U.S. Senate, accused insurrectionist Domenic Pezzola was ordered detained until trial by Magistrate Judge Robin M. Meriweather. Inner City Press live tweeted it, below. There was an appeal.

  On June 4 well over a month after the DC Circuit's decision in US v. Munchel, Judge Dabney L. Friedrich again held a proceeding about and with detained defendant Guy Reffitt. She previously citing his membership in the Texas Three Percenters and threats to at least one of his children. Inner City Press covered it, and song On June 4, about biometric access to his Microsoft Surface Pro (and the Go-Pro footage on it), Inner City Press live tweeted here and below.

 But now on July 21, Judge Friedrich without notice exclude the public and Press from her proceeding on Reffitt, pushing to force access to the Surface Pro. Her fellow DDC Judge Randolph Moss, when Inner City Press wrote to him last week, reinstated the public call-in line. But Judge Friedrich didn't even provide notice of the cut off.

Inner City Press called in, and .. nothing. Apparently the Chief Judge's response to Judge Moss is viewed as a one-off, while videos shown to DDC Judges are still withheld from the public, despite being judicial documents, released by DOJ only to a select(ed) few. (This issue is before Magistrate Judge G. Michael Harvey, who's said to be looking into it - for 24 hours and counting). We'll have more on this, and on these two "minute orders" -

MINUTE ORDER as to GUY WESLEY REFFITT. Consistent with the discussion during the July 21, 2021 hearing, it is ORDERED that the pretrial motions briefing dates previously set on July 14, 2021 are VACATED; the government shall inform the Court on or before July 22, 2021 whether it intends to proceed with its [27] Motion to Compel the defendant to produce the password necessary to decrypt the subject device, and if so, the defendant shall file any supplemental opposition to the government's motion on or before August 18, 2021; the government shall file its reply on or before August 25, 2021; and the defendant shall make any further arguments at a motions hearing scheduled for August 27, 2021 at 10:00 a.m. via videoconference. As previously stated, the government shall provide notice on or before September 3, 2021 of its intention to file evidence under Rule 404(b) of the Federal Rules of Criminal Procedure. It is FURTHER ORDERED that the parties shall file any pretrial motions, including motions in limine, on or before September 17, 2021; oppositions shall be filed on or before October 1, 2021; replies shall be filed on or before October 8, 2021; and a pretrial motions hearing is tentatively set for October 15, 2021 at 10:00 a.m. via videoconference. Pretrial conferences shall be held on November 3, 2021 and November 9, 2021 (not November 8, 2021 as stated during the hearing) at 10:00 a.m. in Courtroom 12. A jury trial is set to begin on November 15, 2021 at 9:00 a.m. in Courtroom 12. Finally, for the reasons stated during the hearing, namely, in order to give the defense time to review the forthcoming discovery, make decisions on how to defend this case, and file pretrial motions, the Court finds that the "ends of justice outweigh the best interest of the public and the defendant in a speedy trial." 18 U.S.C. งง 3161(h)(7)(A), (B)(iv). Accordingly, pursuant to the Speedy Trial Act, the time from July 21, 2021 through August 27, 2021 shall be excluded in computing the date for a speedy trial in this case. So Ordered by Judge Dabney L. Friedrich on July 21, 2021. (lcdlf2)

Minute Entry for Status Conference as to GUY WESLEY REFFITT held on 7/21/2021 before Judge Dabney L. Friedrich. Speedy Trial Excludable (XT) started 7/21/2021 through 8/27/2021 in the interest of justice. Supplemental opposition to the government's motion due by 8/18/2021. Motions due by 9/17/2021. Motion in Limine due by 9/17/2021. Responses due by 10/1/2021. Replies due by 10/8/2021. Jury Trial set for 11/15/2021 at 9:00 AM in Courtroom 12 before Judge Dabney L. Friedrich. Motion Hearing set for 8/27/2021 at 10:00 AM via video before Judge Dabney L. Friedrich. Pretrial Conference set for 11/3/2021 at 10:00 AM and 11/9/2021 at 10:00 AM in Courtroom 12 before Judge Dabney L. Friedrich. Pre-Trial Motion Hearing set for 10/15/2021 at 10:00 AM via video before Judge Dabney L. Friedrich. Bond Status of Defendant: Remains Committed; Court Reporter: Sara Wick; Defense Attorney: William Lawrence Welch, III; US Attorney: Jeffrey S. Nestler. (zjch)

Previously in case of US v Reffitt, Assistant US Attorney is telling judge DOJ wants to force Reffitt to enter his password or bio-metric into Microsoft Surface Pro.  Reffitt's lawyer notes that his client is still detained and that the Surface Pro might only have Go-Pro video on it, DOJ has other video.

 Judge Friedrich: I can't think of any better perspective to see than from the Go Pro. Are you going to consent?

Reffitt's lawyer: No, we'll require a decision by the court. Judge Friedrich: US motion by June 18, then response & reply. Hearing on July 14 at 11am

 Judge Friedrich: Does DOJ expect a superseding indictment by then? AUSA: Yes, Your Honor. Judge Friedrich: So we'll wait to make a schedule on pre-trial motions. Reffitt's lawyer: My client is not receiving his mail.

 Reffitt's lawyer: His wife mailed him a speeding ticket from Texas he needs to sign. But it never arrived. The General Counsel of DC Jail said she's not aware of any official hold on his mail. This has made things difficult. Judge Friedrich: I'll make an inquiry

 Reffitt's lawyer: He is also not receiving all his prescription medicine. 

Judge Friedrich: I'll look into that too. Mr Reffitt, we'll be back on July 14. Have a good weekend everyone.

We will have more on this.

Inner City Press live tweeted Riley June Williams on January 25, here. 


  From January 22, song here: Thread here.

 Inner City Press' John Earle Sullivan song on SoundCloud here. 


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