By Matthew Russell Lee, Patreon Song Doc
BBC - Guardian UK - Honduras - ESPN
FEDERAL COURT, Jan 13 – A week after in the US Capitol among other things Mark Leffingwell stuck a Capitol Police officer repeatedly with a closed fist (and was freed), a New York man who did not traveled to DC was arrested, using a tank, and was detained in the U.S. District Court for the Eastern District of New York. Complaint on DocumentCloud here. Inner City Press live tweeted detention hearing here:
Eduard Florea is charged with having 1000 rounds of rifle ammo, 2000 shotgun rounds, 75 military knives, 2 hatchets and 2... swords. AUSA says he used Parler account about Jan 6.
AUSA is quoting Florea's comments / threats about Senator elect Warnock. "The time for peace and stability is over. Three cars of armed patriots on way from NY to DC."
AUSA: He applied to join the Proud Boys. He had not attended the requisite number of meetings. But he went and vandalized a church in DC in December.
EDNY Magistrate Judge Sanket Bulsara: When was that? AUSA: December 12.
AUSA: The defendant is particularly dangerous in the current charged political environment. We seek detention. Brooklyn Federal Defender Mia Eisner-Grynberg: He has only one prior offense. He bought the guns legally. Since 2014, nothing.
Defender: This is a bailable case. The US says He did not ultimately travel to DC. He is not charged with any online threat. By contrast, yesterday they consented to release to those who broke into Capitol [Aaron Mostofsky, here]
Defender: My client does not condone the breaking into the Capitol, he asked me to tell you that. He is a software engineer, with children aged 8 and 4. They would be left without financial support and he'd be in MDC, with COVID
Defender: His wife and mother are ready to sign. His mother owns a $700,000 house in The Bronx. He was not found committing any act of violence. If he was in DC before, he's not charged with vandalizing any church. He may have been protesting, lawfully
Defender: They came to my client's house today in a tank. AUSA: You can't condemn what happened in the Capitol and hang out with the Proud Boys. He has a history of violence against his wife. His mother was a co-defendant in his gun case.
AUSA: She was referring to Mr. Mostofsky. He was not threatening to kill a senator elect. He committed his own crimes, for sure. But this defendant is a danger. Detain him.
Judge Sanket Bulsara: Let me orient us. I'm denying bail and ordering detention.
Judge Bulsara: The ammo was in his home. He has a prior felony. Provided that the government shows interstate commerce [seems to chuckle], that would lead to conviction. His statements before, during & after January 6, he posted a premeditated plan against NY & DC
Judge Bulsara: Every lawyer knows that the Complaint only makes out the bare claims, other felonies can easily be charged given the alleged facts here. He threatened a Senator, he encouraged others to engage in that - this was not blather.
Judge Bulsara: You cannot say that 'The rhetoric was high on both sides.' The rhetoric was high on this defendant's side. It reflects a distaste, an abhorrence for the rule of law. It is hard for this Court to conclude he will follow the instructions of this Court
Judge Bulsara: Sure some felon in possession cases are bailed out. But these are 1000s of rounds, and other weapons. That he did not travel to DC, I don't know why that matters. His conduct occurred all during the day of the 6th. I take seriously the December trip
Judge Bulsara: That others got bail, the Court evaluates each case separately. Yesterday was different [Mostofsky]... This is not mere blather. It is deeply incorrect to make that suggestion. I'm entering a permanent order of detention.
Defender: I'd like there to be a medical order to the MDC. Judge: Just send it over.
Defender: It's his right shoulder, injured during the arrest. Judge Bulsara: I will sign the order.
By contrast on January 8, Mark Leffingwell who entered the Capitol and punched a Capitol Police officer was released to fly back to him home in Seattle, no GPS monitor, no bond.
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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