By Matthew Russell Lee, Patreon Podcast Song
BBC - Guardian UK - Honduras - ESPN
FEDERAL COURT, Feb 25 -- On October 25, 2021 months after the DC Circuit's decision in US v. Munchel, DDC Judge Dabney L. Friedrich had before here the case her Capitol breach defendant Guy Reffitt - but not Reffitt himself, even as his Speed Trial rights were being waived. Inner City Press live tweeted it here and below (podcast here).
While the entire run-up to trial has been accessible by phone, on February 3, 2022 Inner City Press became aware of a bid to end the call-in line for trial. Inner City Press immediately filed with Judge Friedrich, here
"Re: Application that public call-in / listen-only phone line be maintained for trial in USA v. REFFITT, 21-cr-00032-DLF Dear Judge Friedrich: This is an application for continued public listen-only call-in telephone access to the above captioned case, which I have been covering from the start, along with other January 6 cases, for Inner City Press. See, e.g., January 10, 2021, Seattle Times, "Seattle man charged with assaulting a federal officer at U.S. Capitol siege, "the magistrate judge ordered him to stay away from Washington, D.C., according to reporting by Inner City Press journalist Matthew Russell Lee." At today's pre-trial conference I was surprised to hear, amid talk of special COVID protocols in the courthouse and in transporting the defendant the courthouse that the public listen-only call-in line which has existed throughout this case is slated to be terminated for the trial. This is a near-immediate objection."
On February 25, Judge Friedrich issued an order about a media room in DDC, but no call-in line, and no basis for denying the request, despite references to COVID restrictions in DDC. We'll have more on this.
Judge Dabney L. Friedrich: Do we have Mr. Reffitt?
A: No.
Judge Friedrich: I set this conference to discuss a trial date.
Counsel: How about February 2022?
Judge Friedrich: I have another trial set for Feb 7. I don't know if that's going to go. This defendant has been locked up longer. How about Feb 28? Counsel: That should be fine, Your Honor.
Judge Friedrich: How about the US? Assistant US Attorney: There's a February spring break in DC schools. Judge Friedrich: That's an early spring break. Judge Friedrich: Has defense counsel spoken with Mr. Reffitt about the need for delay due to new discovery?
Defense counsel: Yes, and he's not happy with it. Judge Friedrich: I had wanted him present but it wasn't possible. And I think I'm going to cancel November 3. Why not November 9 at 10 am? Defense counsel: I would always like more time. An additional week.
Judge Friedrich: What is your availability week of Nov 22? I bet it's pretty good given you thought we'd be on trial. So Nov 19 at 10 am, we're vacating both Nov 3 and Nov 9 conferences. [So, more delay due to new discovery material.] AUSA: There is more coming.
AUSA: There's more on the Relativity database. If defense counsel wants access to it, we ought not to be setting a trial date in February. We have witnessed who work at the Senate and in the Secret Service.
AUSA: We also have FBI files not only from DC but also from Texas, multiple places in Texas. Judge Friedrich: We do need to think this through. Maybe this trial date should not be set. How much time? Defense lawyer: Let's not set it today. I'll talk to Mr. Reffitt
Judge Friedrich: I not going to set anything until we meet on Nov. 19. AUSA: Maybe Mr. Reffitt and his counsel, there seems to be some disagreement, should speak with your Honor ex parte? Defense: If we do it at all it should be ex parte.
Assistant US Attorney: The defense counsel has the right without his client's consent to waive Speedy Trial Act time
Eagle eyed readers like this one pointed out the distinction between speedy trial rights under the Constitution and the Speedy Trial Act, which they say the defense lawyer can waive without the defendant's consent. But isn't that a ground to fire the lawyer, even a publicly funded one? Or would that just lead to more delay?
Inner City Press previously published a song about Reffitt, 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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