By Matthew Russell Lee, Patreon Podcast Song
BBC - Guardian UK - Honduras - ESPN
FEDERAL COURT, August 24 -- Back on June 1, months after the DC Circuit's decision in US v. Munchel, DDC Judge Trevor N. McFadden a held status conference on Timothy Hale-Cusaneli, who was and is detained and wanted to change lawyers. Inner City Press live tweeted it here: (and podcast here)
On July 30, with Hale-Cusaneli still detained, Assistant US Attorney Fifield said any trial in 2021 was impossible. But Judge McFadden disagreed. Inner City Press live tweeted it, here and below.
Now on August 24, the same AUSA said the plead offer of 15 to 21 months guideline was rejected (as was defendant's counter-offer); she said the trial should/must be delayed. But it has yet to be granted, and perhaps will not be. Inner City Press live tweeted, here:
now Jan 6 case of US v. Hale-Cusanelli. AUSA says defendant has rejected plea offer and DOJ wants to push trial back past the November 9 date. AUSA tells Judge McFadden, as she did last time, that because of US v. Brady, the trial *must* be delayed.
Judge McFadden: Can you put more on the record about the plea offer? AUSA: Only the charge - and we would have pushed for 15 to 21 months
Hale-Cusanelli's lawyer: We had a counter-offer. Judge McFadden: And you understand that was rejected by the government, right? Hale-Cusanelli's lawyer: Yes. Judge McFadden: As to the motion to reconsider, I haven't heard anything new.
Judge McFadden: The US is in danger of violating other Constitutional rights: the right to a speedy trial. How soon can you brief this? AUSA: Next week? Judge McFadden: OK, that's fine. But I'm going to set intermediate dates. Joint voir dire questions by Oct 22.
AUSA: We are in a different position today on discovery than before. Defense: The US put itself in this situation. Judge McFadden: I'm tolling time. Defense: You need to keep a hammer over them. AUSA: His detention has no impact on Speedy Trial rights.
AUSA: His detention has been considered again and again. It is separate from discovery. In terms of the hammer, the US is moving at breakneck speed. There is no hammer that will speed up this process. Lastly... lastly... [pause] it's the US' prerogative.
Judge McFadden: I stand by my rulings. Adjourned
AUSA: We only have one actual computer system that can handle that volume. I cannot email it to defense counsel. We are working with the contractor.
Judge McFadden: My concern is that the US chose to arrest and charge him 6 months ago, you do not allege he is violent, but you say months more before a trial. AUSA: I hear what you're saying. The defendant may not have been violent, but this was a violent crime.
AUSA Fifield: I come from a DOJ white collar section- Judge McFadden: There, you wouldn't arrest & then investigate. AUSA: I wouldn't put it that way. Look at video - [Inner City Press: we'd like to but DOJ is withholding videos used in court in eg US v. Jensen
AUSA: With all due respect, the Speedy Trial Act.. the consideration here is the best interest of justice. We need more time. Judge McFadden: I'm not inclined to toll the Speedy Trial clock. What's your perspective? AUSA: I'd like to hear from the defense.
AUSA: I'm thinking early 2022, not before January. Defense: I'm glad my client is here in person. Judge McFadden: Yes, I'll have plenty of opportunity to hear from Mr. Hale-Cusanelli. And you - Marshals, is that possible? Maybe after. Defense: November trial?
Defense: Or I'll move for release from incarceration, the trial in January or February. Judge McFadden: So you do want to choose a trial date today? Defense: Yes.
Judge McFadden: I agree plea negotiations and a trial date are not mutually exclusive. Judge McFadden: How long would the US case take? AUSA Fifield: I couldn't say, without speaking with my supervisor. Judge McFadden: But I said today was to pick a trial date. AUSA Fifield: I thought it was for a guilty plea. I can't commit to length of US' case.
Judge McFadden: Ms Fifield, are you available on Tuesday, November 9? AUSA: Let me check my calendar... Yes, but we cannot meet our discovery obligation by then. Judge McFadden: I may revisit, but I am concerned with Constitutional rights at issue here.
Judge McFadden: The US keeps arresting people and creating new discovery. AUSA Fifield: That is speculative. We're concerned about the evidence we already have, that we are obligated by law to disclose. [This while DOJ withholds even videos it show in court]
AUSA Fifield: At this point there are 550 people charged. Judge McFadden: And counting.
AUSA: Each case, we have FBI agents and prosecutors reviewing 1000s of hours of videos, with 100s of people in them. Do the multiplication. Judge McFadden: The Attorney General said these cases are his priority. I was told discovery would be ready in June. And here we are. AUSA Fifield: This is creation of an electronic database that has never existed before
AUSA: For the defendant, access to all this discovery should be important. Judge McFadden: Freedom is also important. AUSA: But the length of this detention is not extraordinary. Judge McFadden: I'm not comfortable. I'm setting trial date.
Judge McFadden: Trial November 9. Let's come back and talk about intermediate dates, including a cut off for the US to produce discovery it intends to use at trial. Defense: Let's come back in 2 weeks. AUSA: How about the next week? Or the week after?
Judge McFadden: Let's do it virtual, August 24, 11 am. AUSA Fifield: The government wants to toll Speedy Trial Act time until the trial date -- Judge McFadden: Let's just do to the 24th [of August]. Defense: We object to any delay. Judge: I'll toll to Aug 24th.
Judge McFadden: You can talk to your client before he goes back to jail. And I assume DOJ can do something.
From June 1: US says he's "an avowed white supremacist and Nazi sympathizer." The US also says Hale-Cusanelli was a contractor at Naval Weapons Station Earle where he maintains a 'Secret' security clearance and has access to a variety of munitions."
Hale-Cusanelli wants to change lawyer. Judge McFadden grants it, says he wouldn't necessarily do it later in the case. Cases files to be turned over to "Mister Crisp" by Mr. Zucker and Mr Wright.
Judge McFadden says Zucker and Wright can remain in for today's proceeding. AUSA: The government has produced the most important discovery about the defendant. But they say they have not received discovery. What they are saying is not accurate.
AUSA: Today we gave them body cam video showing the defendant inside the Capitol. In terms of plea, we have discussed what charges would be required, but nothing else. I'm not authorized for more. US thinks trial would be premature.
AUSA: We will allow them into a discovery database. This requires a vendor, for the 400-plus cases. We have received bids and expect to have a vendor soon.
AUSA: So we are asking for a 60 day period, and exclusion of time. We cannot overstate the scope of this case. We have over 2000 digital devices. We have 14,000 hours of CCTV, and 8,000 hours of body cam. This resulted in several deaths.
Judge McFadden: Can you just reproduce the discovery to this new attorney? AUSA: Yes. It's in a single USAfx folder. Judge McFadden: Mr. Hale-Cusaneli, this is a practical result of your decision to switch attorney - I'm inclined to toll for 60 days.
Crisp: My status as new counsel is irrelevant. They'd still be asking for 60 days. Let's set a trial date. I'll do what I have to do to get up to speed. I have a staff on hand. What trial date were you looking at?
Judge McFadden: How long to try the case?
Crisp: 3 to 4 week time period. Judge McFadden: In other Capitol riot cases, attorneys up to speed have been able to answer and we set time lines. It's your case now, not Mr. Zucker's.
Judge McFadden: Do we need to inquire into jail availability? Do you want it in person? Crisp: It makes no difference to us. Judge McFadden: July 6, 11 am. AUSA: Counsel for the government is not currently located in the DC area.
Crisp: I have a trial in PA. How about next week? Judge McFadden: I have a trial that week. So, Friday the 16th at 10:30. And I'm tolling Speedy Trial Act time. I'm open to speeding up discovery, faster than the vendor, since he's detained.
Judge McFadden: But we can't talk about speeding up discovery with a new counsel. We are adjourned.
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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