By Matthew Russell Lee, Patreon Song
BBC - Guardian UK - Honduras - ESPN
FEDERAL COURT, May 6 – Six days after in the US Capitol among other things Mark Leffingwell stuck a Capitol Police officer repeatedly with a closed fist, he was released to fly back to his home in Seattle, no GPS monitor, no bond.
For Brooklyn New York State Supreme Court Judge Shlomo Mostofsky's son Aaron Mostofsky it went the same way, with arrest and release on the same day, January 12, in Brooklyn Federal Court. Inner City Press live tweeted it, here and below.
Jump cut to May 6, 2022 - Mostofsky had pleaded guilty and was up for sentencing. This, too, Inner City Press live tweeted - an in-person criminal case with a press and public call in line, which is obviously legal and should continue post COVID, thread here:
Mostofsky's lawyer: The videos shown by the government are emotionally powerful, we'll stipulate to that. But prosecutors arguments are quite hollow. They say his purpose was to assault democracy. That is false. Mostofsky was like Zelig, a character from the film
Mostofsky's lawyer: My client wears costumes all the time, including the cave man costume at issue. He did not plan to go to the Capitol, only the rally.
Mostofsky's lawyer cites the 6 month sentence for Leffingwell for punching an officer -- a case Inner City Press also reported on
Now Mostofsky himself: I traveled to DC and had no plans to go into the Capitol. I was not expecting the chaos. I started to make bad decisions. There were flash bangs. I should have walked away. I walked to the barrier and pushed it. I am sorry.
Mostofsky: I found an abandoned Police shield and took it, as well as a vest. Judge James E. Boasberg: As shown by what's happening in Europe today, the attempt to impose their will by military might, your actions make it more difficult for us to oppose it.
Judge Boasberg: You participated enthusiastically. The barriers would not have fallen without pushing like yours. You pled guilty to a felony. You did a little boasting on social media. You dressed up as a cave man.
Judge Boasberg: It seems your interest in Star Wars led you into conspiracies like that Trump won the election in New York. I had not heard that one before. Biden won over 60%. Leave the fantasy world behind. I sentence you to eight months.
Back in January 2021, in Brooklyn: EDNY U.S. Magistrate Judge Sanket Bulsara presiding. For Mostofsky, it's Jeffrey Schwartz. Judge Bulsara: You've been arrested in connection with a complaint in DC. I'm going to ask the Special Agent who arrested you to speak. Agent Angela Gorman: I swear to it
Judge Bulsara: Mr. Schwartz, have you received a copy of the complaint? Schwartz: Yes. And his prior attorney saw it too.
Judge Bulsara: Because the case is in DC, you have a right to an identify hearing, on if you are the person who is the subject of the warrant
Mostofsky is waiving the identity hearing. Judge Bulsara: Before we proceed to bail, anything else? No. So, is there a date for Mostofsky to appear in DC? AUSA: Mon Jan 25 at 1 pm. By the sitting Magistrate. [Judge Harvey, on other thread]
Inner City Press @innercitypress · 56m They're proposing a bail package.... GPS monitoring, with travel limited to New York City unless approved by Pre-Trial Services.
Judge Bulsara: Has DDC signed off on this? Apparently yes. [Meanwhile in DC, AUSA was arguing to detain Coffman and did]
Mostofsky's lawyer: He won't make trouble. We'll be looking for a resolution that is just. Judge Bulsara: The charges are serious, evidence is serious. If I'm satisfied by the suretors and the custodians being appropriate caretakers, I'll sign off on joint package
Suretor Neil Mostofsky: I live in Kings County. But our mother is buried in Elmont on Long Island. He may want to visit there.
Judge Bulsara: What is your relationship to Aaron? Neil: He is my younger brother. Under COVID I run a non-profit which educates members of Congress [!] The organization is monetarily defunct but will come back to life.
Judge Bulsara: Pre-trial services will be able to visit your home. Including random visits, being careful of COVID of course. To sure sure Aaron is residing there.
Neil Mostofsky: I'm OK with that, Your Honor.
Neil: Just don't call me Nachman on the document. Judge Bulsara: I didn't. Now let me hear from the other suretor?
Suretor 2: "Do I have an option to affirm and not swear?" Yes. Suretor 2: I am a real estate professional. I make 250 a year. My wife is Neil's wife's counsin.
Judge Bulsara: You are being asked to sign onto a $100,000 bond, and pledge property, right? Suretor 2: Yes.
Judge Bulsara: May I sign the document for you?
Suretor 2: No, you cannot sign my name. Can you email it to me and I will sign and send it back. Right now.
Judge Bulsara: Mr. Mostofsky, you have friends and family signing on to your bail package. If you don't appear, there would be serious consequences. You too are signing on to the $100,000 obligation.
Neil Mostofsky reminds Judge Bulsara about the possibility of travel to cemetery in Elmont. Adjourned.
From the complaint: in a "post made by Mostofsky at approximately 6:09 AM on January 6, 2020, he indicates that he is "...on this bus going to DC.” Furthermore, when trying to coordinate meeting up with a friend within the group on January 6, 2020, Mostofsky's message states: If we find each other look for a guy looking like a caveman.” He later states, in a likely reference to the presidential election: “Even a caveman knows it was stolen."
Further research identified a Facebook account, user ID: 763517572, believed to belong to Aaron Mostofsky, in which Mostofsky posted the comment on November 7, 2018: “Since the republicans lost the house I have the following questions 1 when and where are we protesting/rioting..." Based on the foregoing, your affiant submits there is probable cause to believe that Aaron Mostofsky violated 18 U.S.C. § 641, which makes it a crime for a person to embezzle, steal, purloin, or knowingly convert to his use or the use of another, or without authority, sell, convey or dispose of any record, voucher, money, or thing of value of the United States or of any department or agency thereof, or any property made or being made under contract for the United States or any department or agency thereof; or receive, conceal, or retain the same with intent to convert it to his use or gain, knowing it to have been embezzled, stolen, purloined or converted. As the value of the thing taken is greater than $1,000, there is probable cause to believe Aaron Mostofsky has committed a felony offense. WWWWWA2011 Gescuas 2X40W Also, your affiant submits that there is probable cause to believe that Aaron Mostofsky, violated 18 U.S.C. $ 1752(a)(1) and (2), which makes it a crime to (1) knowingly enter or remain in any restricted building or grounds without lawful authority to do so; (2) knowingly, and with intent to impede or disrupt the orderly conduct of Government business or official functions, engage in disorderly or disruptive conduct in, or within such proximity to, any restricted building or grounds when, or so that, such conduct, in fact, impedes or disrupts the orderly conduct of Government business or official functions; For purposes of Section 1752 of Title 18, a "restricted building” includes a posted, cordoned off, or otherwise restricted area of a building or grounds where the President or other person protected by the Secret Service, including the Vice President, is or will be temporarily visiting; or any building or grounds so restricted in conjunction with an event designated as a special event of national significance. Finally, your affiant submits there is also probable cause to believe that Aaron Mostofsky violated 40 U.S.C. 5104(e)(2)(D) & (G), which makes it a crime to willfully and knowingly (D) utter loud, threatening, or abusive language, or engage in disorderly or disruptive conduct, at any place in the Grounds or in any of the Capitol Buildings with the intent to impede, disrupt, or disturb the orderly conduct of a session of Congress or either House of Congress, or the orderly conduct in that building of a hearing before, or any deliberations of, a committee of Congress or either House of Congress; and (G) parade, demonstrate, or picket in any of the Capitol Buildings.
As to Leffingwell, Inner City Press covered the case. U.S. District Court for the District of Columbia Magistrate Judge G. Michael Harvey held the detention, or really non-detention, proceeding. Inner City Press live tweeted it here: (then, song here)
Now in Federal Court in DC, hearing of detained Mark Jefferson LEFFINGWELL who "attempted to push past me and other officers. When he was deterred from advancing further into the building, LEFFINGWELL punched me repeatedly with a closed fist."
Assistant US Attorney is *not* asking for detention . He'll be allowed to travel back home to Seattle.
AUSA: We'll be requesting strict conditions... A stay-away from DC... A curfew. Judge: You say he works. What is it? Lawyer: A packaging plant called Panacea in Everett, Washington. 30 to 40 hours a week.
From the complaint: "I was struck in the helmet that I was wearing and in the chest. Working with other officers, I was able to gain control over LEFFINGWELL, who attempted to struggle while being detained. I transported LEFFINGWELL to US Capitol Police HQ."
Judge Harvey: Believe it or not, I have a lot of these case. Pre-Trial should find out about GPS in the Districts where these folks come from. I released someone else yesterday. Defense: GPS is not necessary. He has 2 children.
Defense: He wants to go to church on the weekend. No need to be on a GPS. We'll take a stay away. He's never been to DC before.
Mrs. Leffingwell: I'm an insurance agent. We have a son, Noah, and Nicholas. Judge: I am going to release Mr. Leffingwell.
Judge: You can turn in your guns to a police station. You must call pre-trial once a week and keep working [at the packaging plant.] Stay away from DC except for court. Our proceedings will be remote, you probably won't have to come.
Judge Harvey: I don't see the point of putting him on a curfew if we're not going to do GPS. Defense: He needs his ID to fly back to Seattle.
AUSA: We have nothing.
Defense: He passed his phone to one of his friends. I think they have his license.
AUSA: A third party? I can look for it. Which agency.
Defense: He was brought to 1-D-1, next to the baseball field, then the cell block.
Judge Harvey: I am going to release Mr Leffingwell. He must stay away from Washington DC. [That seems to be the main focus]
Judge Harvey: You'll have to Zoom in to the preliminary hearing... We've got the phone number, no worries, Mr. Leffingwell.
Song on SoundCloud here.
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