Saturday, August 14, 2021

In Jan 6 Case on Appeal Tanios Is Ordered Released, DDC Erred, Video Still Withheld

 

By Matthew Russell Lee, Patreon Podcast
BBC - Guardian UK - Honduras - ESPN

FEDERAL COURT, August 9 – On March 22, Capitol breach defendant George Pierre Tanios had a detention proceeding in the District of West Virginia and was detained. Inner City Press live tweeted, here and below.

On April 27, a two hour session to review the ongoindetention of Tanios and his co-defendant Khater ended with conclusion, DOJ pushing for continued detention and Judge Hogan scheduling a continuation for May 6, since he'll be out of town the first three days of next week. Inner City Press live tweeted it here  and below.

Now on August 9, the DC Circuit Court of Appeals has ordered Tanios released, saying it was clear error to keep him detained as a danger for whom no conditions or combination of conditions for release could be found. This on a day when DDC Chief Judge Howell cross-examined pleading defendant Croy, and asked why DOJ is not charging defendants more money - while DDC Judge Mehta has yet to act on challenge to his limited release of DOJ video in US v. Harrelson. Inner City Press will stay on the case(s).

From April 27: Khater's lawyer says he believed he was part of a righteous cause, and was not part of any right wing militia. "It turns out not to be bear spray, in fact... He stood 8 feet away from the officers and did not spray directly at them."

Judge Hogan: I looked at the video [Note: DOJ is still withholding from the press and public videos they are showing to judges to detain defendants. These are judicial documents & should be released - but Judge Cooper simply passed the bucksee here, still undocketed.]

Khater's lawyer: The officer sprayed white spray into the crowd. Mr Khater is in the line of fire. It's only after that that he sprays. That is what's instinctive about this,  reactive, not premeditated. Until then, he exercised restraint.

Khater's lawyer: It was a spontaneous, random act... Liberty is the norm, pre-trial detention is the exception. In US v. Palmer, detention was not justified through accused of throwing a wooden plank at officers, throwing fire extinguisher at officers.

 Judge Hogan: Is that a Magistrate Judge in another district? They look at it different than us. And maybe the government didn't request detention.

 Khater's lawyer: It's the same prosecuting office [DOJ]... and Palmer, it was Magistrate J. Michael Harvey [DDC]

Judge Hogan: We've got to move it along. I've got two hearings, and a deadline.

 Khater's lawyer: Punching a police officer in the face? The person was released. And another one, shouting, "Act of violence against members of Congress." [Doubt that's what was shouted.] Khater's lawyer: We offer a substantial bail package. 16 family members

 Khater's lawyer: He faces, even on aggressive charging, five years, maybe less on how the weapons is addressed. Let me wrap up....

Update: AUSA offered to show Judge Hogan the video "in chambers." But these detention hearings in criminal cases must be public, and the government exhibits used must be made public too.

Spoiler alert: Judge Hogan is not going to be ruling in this proceeding, which he says must end at 11 am. Hasn't even started on 4th & Goal Tanios yet...

Tanios put on witnesses, quickly - then Judge Hogan said he wasn't concerned about risk of flight.

 Defendants remained detained.

Until now.

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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