By Matthew Russell Lee, Patreon Song Song II
BBC - Guardian UK - Honduras - ESPN
FEDERAL COURT, Feb 15 – Among the cases brought by the US Department of Justice in the wake of the events of January 6 in the U.S. Capitol, that of John Earle Sullivan stands out.
On January 15 Sullivan appeared before U.S. District Court for the District of Utah Magistrate Judge Daphne A. Oberg for the type of detention hearing that has resulted in the jailing of Cleveland Grover Meredith and Lonnie Coffman in DC, and Eduard Florea in the EDNY in New York.
But this one went differently: DOJ did not even file a detention memo, or meet the threshold that was met on Meredith. Full just-filed list of conditions of release on Patreon here. Song here. Inner City Press live tweeted on January 15, here.
On February 5, DOJ took a second shot on new facts, including an iPhone, and InfoWars interview and text messages, before U.S. District Court for the District of Columbia Magistrate Judge Robin M. Meriweather, now put over to February 8. Inner City Press live tweeted February 5 here (and put the 26 page detention memo on Patreon here)
On February 9 Judge Meriweather returned and ruled that Sullivan can remain free. One of the allegations of violations, along emailing the Insurgence USA list to say "Pack the court," was lost. But Judge Meriweather said it did not change her ruling. Inner City Press live tweeted here and below.
Now on February 15, Presidents Day, this from Sullivan's lawyer, saying he should still be able to make money through Insurgence USA with contracts with CNN: "Defendant should not be restricted from earning his income through Insurgence USA Insurgence USA is not charged with any offense in this matter. Insurgence is not deemed to have been involved in any criminal activity. Defendant is legitimately self-employed as a documentarian and it is oppressive to require that he not be allowed to continue his primary area of employment for an extended period of time. Attached to this pleading are receipts for services documenting defendant’s employment. 1. Contract with Australian Broadcasting. 2. Contract with Left/Right, LLC; 3. Agreement to release video footage with Rocky Mountain Public Media. 4. License Agreement with CNN." More on Patreon here.
Judge Meriweather: I have one clarifying question - in terms of the US Attorney's argument, are you asserting that Mr Sullivan poses a danger to the community? Or that he is a risk to not return to court? AUSA Wong: Both.
Judge Meriweather: I heard extensive arguments on Friday. Anything else? Sullivan's lawyer: I have watched the InfoWars video. It is a benign conversation. He was answering questions, it's not prohibited conduct. He does not mention Insurgence USA.
Sullivan's lawyer: He has a solid family behind him. [The brother, James, not so much behind him - dropped the dime, to FBI, and wrote on Facebook: “I got into activism for one reason, and that was to take down my brother.”
Sullivan's lawyer: If you need to tighten up terms, fine. He had permission to get an Android phone, and that's what he did. Judge Meriweather: I will rule on the revocation request. I'm not persuaded on obstruction grounds, but this is under 3148.
Judge Meriweather: I need a few minutes. I'm going to turn my camera off for a few minutes so I have access to one more screen. [Another break.]
Judge Meriweather is back: Turning to the merits... If there is clear and convincing evidence of a violation, then if there a condition or combination of conditions to assure return to court. First, there are four alleged violations.
Judge Meriweather: First, they allege violation of logging into Twitter contrary to conditions of release. Pre-Trial says it has has the IP addresses. But I do not find clear and convincing evidence. He is not the only resident of that house.
Judge Meriweather: There is his purchase of an iPhone. It's said he could only have a flip or burner phone. On Friday the defense suggested there was a confusion. But I conclude there is evidence the conditions were violated.
Judge Meriweather: Violation 4 is based on promotion of Insurgence USA. The producer from InfoWars asked for a web address - and Mr. Sullivan provided Insurgence USA. So this appears to be a violation as well. But I do not believe detention is required.
Judge Meriweather: I found violations, soon after condition was set. But I do not believe he is such a danger to the community he needs to be detained pending trial.
Judge Meriweather: I did not think it was appropriate for me to look around the Internet to see what Insurgence USA is. Yes, he is accused of saying "Let's burn this down." But I do not think these charges are so dangerous. He has family support.
Judge Meriweather: We are not yet at a point where I cannot trust Mr. Sullivan to follow the release conditions.. [Then silence]
Deputy: Is the judge frozen for everyone? Yes. Deputy: Have you emailed her? A: I will do so presently.
Now an update is offered: "Wi-fi went out in Chambers but she is now using a public network." [An aside while waiting: Friday, Judge Meriweather retired to watch the InfoWar video. But she did NOT think it appropriate to click-through the Insurgence USA links.]
Judge Meriweather: I will be clear with the conditions I set, and I'll count on Mr. Sullivan to follow them. They may differ from what the District of Utah set. In a nutshell, I am concerned but I believe he will comply with my condition. US could appeal...
Judge Meriweather: As to what the conditions should be, should we do this now or do the parties need time? Pre-Trial: We alleged five violations, not just the four you discussed.
AUSA: We sent an earlier draft with four violations. Then we added a fifth, that he email the Insurgence USA list to say pack the courtroom. [Court ruling off earlier draft. Ruling re-opened?]
Judge Meriweather: Let me find Exhibit D. Where is the petition?
AUSA: It is allegation number 5. Voice: You might have received it from Ms. Kelly Smith, on Friday. Judge Meriweather: I was aware of that, I don't want to state on the record...
Judge Meriweather: I thought it was part of the obstruction argument. I don't think it was a threat to a judge. It may have violated the condition to not work for Insurgence USA. But it does not change my ruling. I am denying the request to revoke release.
Song on SoundCloud here.
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