By Matthew Russell Lee, Patreon Song
BBC - Guardian UK - Honduras - ESPN
FEDERAL COURT, Jan 29 – Two 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 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 on January 29, Leffingwell appeared by video from Washington State before DDC Judge Amy B. Jackson. Inner City Press live tweeted it, here:
Judge Jackson: The arraignment in this case cannot be further delayed.... Defense, do you have concerns about his competence?
Defense lawyer: He does have memory issues, from an IED in Iraq.
Clerk: Mr. Leffingwell, how do you plead? Defense lawyer: He plead not guilty. And he is not demanding a speedy trial. There will be extensive discovery.
Judge Jackson: We'll have to exclude time each time. Has he read the
conditions of release? Defense: Yes. Judge Jackson: I want to make sure the firearm was returned to the friend. Defense: It has been.
Judge Jackson: What is his employment? Defense: He works in a factory. I believe it is packaging. Judge Jackson: Is that full time? Leffingwell: 20 to 30 hour a week.
Judge Jackson: Is the government seeking any additional conditions of release? US: No.
Judge Jackson: I was struck by the no return to DC condition. At the time of the attack, there was info of activities planned at state capitals. Should they be included?
Defense: We're not opposed to that. He's a disabled veteran. Judge Jackson: I'm going to add that as a condition. Stay away from a state capitals, since you don't live in one. What's the status of the case? Does the government have all the video?
Defense: I'd like 60 days. The government will have to get the video from cameras most people don't know about. AUSA: There's surveillance video, we'll be seeking a protective order. It captures Mr. Leffingwell's conduct. We may be moving for complex case status
Judge Jackson: I turn protective orders around very quickly. Everyone knows my point of view about it. Defense: I'm supposed to start a trial before Judge Kelly, a client incarcerated two years now. But I don't know if [Chief] Judge Howell's order will be expanded... Judge Jackson: I'd make our next one by video. Noon on March 31. Defense: In count 1 and count 2, there's no cross reference to sentencing guidelines. Could the court direct Probation to do a calculation so I can advise Mr. Leffingwell.
Judge Jackson: I'll ask... OK, I'll see you on March 31 if not before. We are adjourned.
Inner City Press will continue to cover this case.
From January 8: 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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