Saturday, October 16, 2021

In Jan 6 Case Judge Lamberth Holds DC Jail Official in Contempt But DOJ Action Not Assured

 

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

FEDERAL COURT, Oct 13 -- Months after the DC Circuit's decisions in US v. Munchel and more recently Tanios, on October 13 DDC Judge Royce C. Lamberth had before him Capitol breach defendant Christopher Worrell, whose injured fingered was not operated on in detention from June onward, while records were not produced.

Judge Lamberth issued a contempt order, and urged DOJ to investigate conditions and medical treatment in the DC Jail. But will theyInner City Press live tweeted it, here.

Judge Lamberth: There was not adequate evidence in the record about the hand, the hand broken on May 16. He was taken to the hospital - but I saw the expert recommended an operation in June, which by September hadn't taken place. The supplement didn't answer my Q

Judge Lambert: I called up the head Marshal of this District, said if the DC Jail was not providing proper treatment, maybe this defendant and others would have to be move. The Marshal wrote to the jail; his staff sent a Sept 22 request to the jail

 Judge Lamberth: We've been waiting since September for Doctor Wilson's notes. Imagine my surprise last Thursday when the US Attorney told me the Marshal have not approved the operation. That was news to me.

 Judge Lamberth: So I issued an order for the notes. How did they magically appear? A: They were not part of the electronic medical record- Judge Lamberth: Where were they?

 A: In a file. It's a Howard U record Judge Lamberth: Why were they not given to the Marshal?

 A: Going forward they will be part of the electronic record. This will never happen again.

Judge Lamberth: They were only produced after I set the contempt trial.

Meanwhile, Inner City Press now month-long attempt to gain access to the videos DOJ used in US v. Padilla before Judge Bates has run into a brick wall - this is not transparency, and we'll have more on it, and these cases.

On Kenneth Harrelson on August 5, Inner City Press filed a letter and motion with Judge Mehta, on its DocumentCloud here.

On August 16, this: "Judge Mehta is in receipt of your email requesting access to the videos filed in United States v. Harrelson, No. 21-cr-28-10.  Under Standing Order No. 21-28, in order for the court to grant Inner City Press access to the videos filed in Mr. Harrelson’s case, you will need to file an application for access pursuant to D.D.C. Local Criminal Rule 57.6."

That rule provides: "Any news organization or other interested person, other than a party or a subpoenaed witness, who seeks relief relating to any aspect of proceedings in a criminal case... shall file an application for such relief with the Court. The application shall include a statement of the applicant's interest in the matter as to which relief is sought, a statement of facts, and a specific prayer for relief."

So, citing the Rule, Inner City Press filed another letter, one page, docketed here

Podcast here.  And Podcast II of August 19 here.

Now on August 19, it's been granted (shouldn't have been necessary): "MINUTE ORDER as to KENNETH HARRELSON (10) granting Inner City Press's 343 Application for Access to Video Exhibits. The United States shall make available to Inner City Press the video exhibits entered into evidence during the detention hearing of KENNETH HARRELSON (10), consistent with the procedures set forth in Standing Order 21-28. Inner City Press is granted permission to record, copy, download, retransmit, and otherwise further publish these video exhibits. Signed by Judge Amit P. Mehta on 8/19/2021."

So now, immediately, put on Inner City Press' YouTube, video here

Similarly, Inner City Press asked DOJ and then Judge Timothy Kelly for access to the videos that DOJ had shown to the court in the case: judicial documents that, under case law, must be made available to the public. But it was denied access, on the theory that Judge Kelly's order earlier in the month limited access to these judicial documents to a particular sub-set of the public.

 Inner City Press on July 27 wrote to Judge Kelly, including in the form of a motion, now on DocumentCloud, here. By noon the next day, July 28, nothing - no responses, no response. We'll have more on this. For now, podcast here; music video here.

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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