By Matthew Russell Lee, Patreon Podcast Song
BBC - Guardian UK - Honduras - ESPN
FEDERAL COURT, August 24 – Back on April 27, more and a months after the DC Circuit's decision in US v. Munchel, there was a detention challenge by Richard Barnett, who put his legs up on a desk in Nancy Pelosi's office. Song here. Inner City Press live tweeted here and below.
Now on August 28, another proceeding, in which Barnett's lawyer said his tour of the Capitol excluded a "relevant" area, and the Assistant US Attorney said that may not be possible - visiting Nancy Pelosi's (assistant's) office where Barrnet put his feet up. Inner City Press live tweeted it here (podcast here)
Now Jan 6 case of US v. Barnett / Biggo. AUSA says "thousands" involved on Jan 6, cites Deloitte database & says will have more info in the future, as DOJ withholds Josh James video, see here.
Barnett's lawyer: Because he is at home, we can accept excluding time under the Speedy Trial Act. I do have one additional request: we had our attorney walk-through of the Capitol but some areas were not accessible to us. We need a second tour
Assistant US Attorney: I don't have ready a fulsome answer to that question right now, today. We're talking about an area with certain private rooms that the US Attorney's Office does not have control over. I don't know if they'll even be available
Judge Cooper: If you all can't come to ground on those issues, file a motion. If we're not going to see you folks for 60 days, let's try to get a report on file. Let's do 90 days - Nov 23 at 1 pm
Back on April 27: Judge Cooper: I suspect the government is going to make a plea offer... I don't know what his sentencing guidelines would be. His detention could coincide with the guidelines. Isn't there a need to move more expeditiously, since he's detained?
AUSA: We have had discussions with the defense. We had done some calculations of the guidelines. Judge: Has the government extended a plea offer?
AUSA: I don't have the authority to do so. I have only discussed the guidelines. Judge: The defense wants bond review
Judge Cooper: This is rather unique. Usually I review a Magistrate's decision de novo. But here it was a determination of Chief Justice Howell. So what's the standard of review?
AUSA: I can't speak to the standard. Judge Cooper: I don't understand the defense's argument that January 6 was a protest by the working poor against the American elites, that is was on par with Black Lives Matter. I'm confused. I thought it was a protest to overturn stolen election results
Barnett's lawyer: The notion of protest is that people gather to voice their displeasure. 2020 into 2021 was unique. There were a litany of protests all the time. Judge Cooper: How is that relevant? Barnett's lawyer: There was violence in Minneapolis. And NYC.
Barnett's lawyer: Courts have generally released protesters. [Alludes to NY- firebombing of empty NYPD car, Inner City Press covered that too]
Judge Cooper: Your papers referred to 1960s radicals too. That's not helpful. Please focus. Barnett's lawyer: Understood.
Barnett's lawyer: What he had was a walking stick. But no evidence of prior planning. The US Attorney's Office tries to manipulate lawful Arkansas conduct into a plan. But there is no manifesto
Barnett's lawyer: OK it was a stun gun walking stick. But it was disarmed the night before. Judge Cooper: Where's the evidence of that? Barnett's lawyer: I am representing that he took the batteries out. And video shows that when the light is on, it is charged up
Barnett's lawyer: He was 60 years old, swept up in a throng. Judge Cooper: The statute says whoever knowingly enters or remains in a restricted building. Even if he was just sucked in, no one forced him to stay there, did they? Barnett's lawyer: We concede that.
Judge Cooper: The government says he is an adherent of QAnon, they found slogans in his home. He has taken up arms - albeit legally it would appear - for the Save the Children movement, associated in some way with Q-Anon
Barnett's lawyer: He has eight acres. He has a First Amendment right - and the Second Amendment too. It's not indicative of anything more. The sanctity of his home. Judge Cooper: We're talking about predictions of risk. Protected speech could indicate risk. [Hmm]
Inner City Press @innercitypress · 43m Judge Cooper: What if he was talking about cop killing? [Inner City Press reports on this, with skepticism, in SDNY detention proceedings where hip hop lyrics are used.]
AUSA: He brought out volatile conditions on his property. Very young people with very big guns.
AUSA: He covered his face and turned off location services on his devices. Judge Cooper: That's consciousness of guilt. But how does it go to danger? AUSA: He is willing to die in pursuit of the war he is waging against domestic enemies
AUSA: His guns are out of the house, at a friend's, but we can't tell whose are whose. Judge Cooper: There's the Munchel decision. AUSA: Munchel didn't pose for photographers and speak disrespectfully in a member of Congress' office.
Judge Cooper: While provocative and impudent, does the government concede Mr. Barnett's carrying [in a past incident] was legal under Arkansas law?
AUSA: We don't concede that. Two civilians saw the need to call and report his behavior. [Hmm]
AUSA: He left a note for a member of Congress. Then he took to a bullpen to rile up a crowd. Judge Cooper: What does that show, that he's a wannabe leader? AUSA: The crowd cheered. He is cultivating influence wherever he can get it.
AUSA: I'd be happy to play the exhibit I sent in. [Are these all even made public by DOJ? We've asked Judge Cooper. Judge Cooper: I don't see the need to receive them here in court. [But they are still judicial documents]
OK - now after Judge Cooper "locked the conference" he's back. "January 6 caused the death of 5 people... But the DC Circuit has instructed that cannot be considered on individual defendants. Munchel is binding on this court.
Judge Cooper: He adheres to QAnon. He has carried arms in a provocative manner, perhaps legally. The concern is this could lead to a Pizzagate situation. But I cannot articulate anything concrete. My view of the video is he remains in the Capitol with a stun gun
Judge Cooper: I've read Munchel several times. They are very much like Mr. Barnett. One had a taser and zip ties, but did not use them. Barnett left offensive notes - make no mistake, they were offensive, regardless of what words he actually used.
Judge Cooper: The Munchel defendants also told the crowd to go in. There was no advance planning, and Barnett had no real powers.
Judge Cooper: The Court is prepared to grant the order [of release] with conditions, no travel outside of 50 miles without approval, no contact with anyone associated in any way with January 6, no weapons including stun guns.
Judge Cooper: We will transfer to the Western District of Arkansas.
Pre-Trial Services: Stay out of DC, too.
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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