By Matthew Russell Lee, Patreon Podcast Song Filing
BBC - Guardian UK - Honduras - ESPN
FEDERAL COURT, Sept 10 -- On May 6, well over a month after the DC Circuit's decision in US v. Munchel, Magistrate Judge Robin M. Meriweather held a series of proceedings including with Utah's Landon Kenneth Copeland. Inner City Press live tweeted it here and below.
On May 28, when Inner City Press called in to cover the follow up, Judge Meriweather nearly immediately sealed the proceeding, and callers were kicked off with no information if the proceeding would go public after discussion of mental health.
Now on September 10, Judge Meriweather held another lengthy proceeding, including testimony about Pre-Trial Services fears of areas in Utah and Arizona, and kept Copeland detained. Inner City Press live tweeted it here and below.
Now at close of business on September 10, with the videos DOJ used to detain Copeland still not on the USAfx platform, Inner City Press has filed a formal request for Judge Meriweather, now on Document Cloud here:
Application for PUBLIC Access to videos in US v. Copeland, 21-mj-00403-RMM
Dear Magistrate Judge Meriweather: This is an application for access to videos used as judicial documents in the above captioned case, which I have been reporting on for Inner City Press. During this morning / afternoon's detention hearing videos were referenced. As noted, "The defense objected to their disclosure, but presented no legal ground for the objection." The videos should be made available to the public at large....
Note: we still do not have access to the previously requested video in US v. Lazar, 21-mj-00533 This is being emailed to Chambers, and the same AUSA and defense & Coalition counsel, and should as in Harrelton and James be docketed: I do not have filing privileges in DDC, and that should not be required for the press to have access to judicial documents such as these. Thank you. Matthew Russell Lee, Inner City Press
From earlier on September 10: Assistant US Attorney: Mr. Copeland has repeatedly referred to pre-trial detention as unconstitutional. This shows he would not comply with conditions. Also, he drives without a license and uses marijuana to self-medicate.
AUSA: Mr. Copeland said, "I would eat your flesh for nutrients" - then said that was covered by the First Amendment. That's patently ridiculous. When he heard "Foxitis" he took this court's failure to say something as evidence that this court is biased
AUSA: Even if "Foxitis" was ridiculous, Mr. Copeland should have brushed it off. His combat with police lasted for several minutes. We believe that his pre-trial release should be revoked.
AUSA: Mr. Copeland compared himself and other rioters to George Floyd, which is offensive. He started every fight he was in. This case is different from Munchel and Tanios, given Mr. Copeland's assaultive conduct. [DOJ said different *during* Tanios' proceedings]
Judge Meriweather: If I am to decide this on revocation grounds, I'll need to build a record on the incidents with Pre-Trial Officer Dalton. AUSA: I'll question him. He threatened you? Dalton: Yes.
Voice: Why don't we put him under oath? Judge Meriweather: I don't think that is required for Pre-Trial or Probation. [That is not the case here @SDNYLIVE - Judge Richard M. Berman, for example, always has Probation Officers put under oath]
Inner City Press @innercitypress · 1h AUSA: Let's move ahead with events of May 6. When did you have conduct with him? Dalton: When the hearing was put on mute he called me and said he wanted his voice heard.
AUSA: How did he sound to you? Dalton: Erratic. He said he was on the edge of cliff. Mr. Copeland stated that I need to let the court know that I need to be heard, it is my right to be heard. AUSA: What did you do?
Dalton: Mr. Copeland hung up. Pre-Trial Services Officer Dalton: Mr. Copeland called back and said he was on the way to our office. We called the Marshals in case he came. We put on our body armor and made sure our doors were locked.
AUSA: If case the court is not familiar with Southern Utah geography, please explain where he lives. Dalton: It's on the border of Utah & Arizona. We have no services out there. He'd have to go into town. AUSA: There's no GPS there? Dalton: No. It's a rural area
AUSA: Why is Federal law enforcement unwelcome there? Defense: I object. Judge Meriweather: We're not ascribing this to Mr. Copeland. It's just a question of what Pre-Trial would encounter there. Dalton: It is a religious community. FLDS, an offshoot.
Update: DDC Magistrate Meriweather has been off a looong time. She just said she'll be ready to resume in 5 minutes.
Judge Meriweather: After Munchel, I would have to find that Mr. Copeland poses a danger of violence after January 6. Was the conduct on January 6 an aberration? And, after Chief Judge Howell's decision in Chrestman, was there planning and coordination?
Judge Meriweather: Mr. Copeland is not accused of having a leadership role, he seemed to be part of the crowd. But he struggled with law enforcement officers. This weighs in favor of pre-trial detention. There is video footage.
Judge Meriweather: If I only had the January 6 conduct, I might... But his behavior with Pre-Trial Services, it made them put on body armor. So, he should be held pending trial.
Back on August 20, there were attempted to seal, after the fact, things that Copeland said. Inner City Press downloaded, and live tweeted it, here: (podcast here)
Judge Meriweather: I am going to issue an order denying the government's request that I find Mr. Copeland incompetent and commit him to the custody of the Attorney General. What should I redact from the order? Inner City Press @innercitypress · 19m Defense: If any references to the defendant's statements to Pre-Trial or in court at the initial hearing I would ask that it be under seal.
[Inner City Press: No way - what is said in court is public, cannot be erased. Or can it, in DDC?]
AUSA: I have concerns about sealing statements to probation. Those aren't part of the mental health evaluation. I filed a detention memo, with quotes to Probation Inner City Press @innercitypress · 14m [Quick before it maybe gets sealed, here's AUSA Romano's detention memo: Memorandum in Support of Pretrial Detention – #11 in United States v. COPELAND (D.D.C., 1:21-mj-0... MEMORANDUM in Support of Pretrial Detention by USA as to LANDON KENNETH COPELAND (Romano, Michael) (Entered: 08/13/2021) courtlistener.com
From the still-public detention memo: Copeland: ..."lambasted 250,000,000 people as having some sort of mental disease that tune into the Tucker Carlson nightly news show every night. I couldn’t stand for that, Your Honor.” US v. Copeland, 4:21-mj-30
Previously, before Judge Meriweather and Ms. Kay: The Court: Mr. Copeland. Mr. Copeland. Ms. Kay, could you mute Mr. Copeland? The Defendant: Come get me fuckers. Come get me!
Then (those reading Inner City Press' threads will remember) Copeland called back to swear at the court again, accuse “[y]ou guys” (presumably, the Government and Court) of “killing your own people,” and then hung up again. Id. at 30-31. "
Id indeed.
Here's the type of statements they now wanted sealed, from the still-public detention memo, quotes to Pretrial Services Officer: Copeland: “I want to be heard”; he also said that he was at the edge of a cliff and “ready to finish it.” (PSO Report at 1.)
From the still-public detention memo: Copeland sent his PSO a text message saying “Tell them I want to speak, or I will die for it!” He went on to say “If they issue a warrant, they will have to come and get me, and it won’t be easy.” Id.
The May 28 thread:
now #insurrectionBlues case of US v. Landon Kenneth Copeland. Judge Meriweather said they are going to go under seal - then return? It's one thing to briefing go sealed about mental health. But what about the outcome?
His lawyer: He does not consent to being present only by video.
Judge Meriweather: I'll seal it in a minute. If I defer ruling under June 7, he will remain incarcerated...
Judge Meriweather: Disconnect the public line. Voice: You have been put in the waiting room. You cannot listen until the host admits you.
Q: So does that mean it will go back on the record afterward? Isn't the decision to seal entirely up to the defendant?
Now, voice: "Your conference is ending now. As requested by the host, please hang up."
Then it hangs up on the Press. Is this really how it's done? Are people supposed to repeatedly call back in to see if it goes back on the record, for this detained defendant?
Update: later on May 28 this was filed, showing that the sealed conference went to 3:44 pm. But what was said? "Minute Entry for proceedings held before Magistrate Judge Robin M. Meriweather: VTC Status Hearing as to LANDON KENNETH COPELAND (1) held on 5/28/2021. Status Hearing set for 6/7/2021 at 11:00 AM in Telephonic/VTC before Magistrate Judge Robin M. Meriweather. Bond Status of Defendant: Defendant not Present/Defendant Remains Committed; Court Reporter: FTR-Gold; FTR Time Frame: CTRM 6 [3:08:00-3:44:00]; Defense Attorney: Ryan Stout and Heather Shaner; US Attorney: Michael Romano; Pretrial Officer: Shay Holman."
Lawyer for accused insurrectionist Anthony Antonio tells someone (the prosecutor), You look like Chris Hayes of MSNBC. An advocacy tactic? [Seems so - see below, he bragged about knowing Biden]
Now a "Mister Copeland" on the multi-defendant call is shouting, I'm in my car, I have nothing to hide! He is told, repeatedly, not to talk on the public line. I have nothing to hide, Copeland says.
Voice: "Can't the clerk mute Mr Copeland?" Deputy: You're not his lawyer. So, no. Voice: I'm just a person who wants to get some work done. Copeland: You are evil!
From DOJ website: "Copeland was arrested on April 29 and had his initial appearance the same afternoon. He was released on condition." Courtroom deputy says Copeland will be processed last today. Thread will continue
Confirmed: Copeland of "you are evil" is Landon Kenneth COPELAND, calling in by phone for initial appearance in DDC,As Judge Meriweather runs through general condition of release for other defendants, Copeland cuts in - "I have questions about my conditions" .. I am free Deputy: This is not the time for you to speak.
Deputy: We are not going to get anywhere like this. We can't have these interruptions, or we're not going to get through this calendar today. Copeland: I'll keep my mouth shut, I promise. Deputy: Or I'll mute you. Copeland: Yes, ma'am.
Copeland: I just want to ask, if any of this negotiable? Deputy: You are going to be muted if you don't stop right now. We'll call on your lawyer later.
Now processed, with less fanfare, is William Tryon previously released by a Magistrate Judge in the Northern District of New York. His Magistrates' Court case number is lower than Copeland, but he is not listed on DOJ's web page of cases.
Another straight forward appearance: Anthony Antonio. He was living in Delaware but now working on South Carolina for the past two months. His lawyer wants a loosening of conditions of release, says, "I'll keep it to four minutes or less... My client has no record"
Anthony Antonio's lawyer says his client work for a "solar company, Excel." They moved him to Illinois where, during the lockdown, "he became hooked on Fox-mania." Copeland: I would like to object! That's not pertinent!
[These multi-defendant presentments may not be a good idea - Copeland is objecting to Antonio's lawyer pleading "Fox-itis"] Antonio's lawyer: He stood on the steps exhorting peaceful protest. He smiled at police. Copeland: I object! Judge: Please mute Mr. Copeland
Antonio's lawyer: I will remember this hearing forever. My client came to me on Jan 20. I was not going to represent anyone from that mess, I was going to say, "I don't represent you people." #YouPeople
Antonio's lawyer: I contacted my Congress-person, to make him available at impeachment hearing. But they called no witnesses. [Imagine Copeland on mute]
Antonio's lawyer: Now my client works for a roofing company in South Carolina. He has to travel to a seminar, May 15-19 in Utah. [He could visit Copeland] Antonio's lawyer calls his client "a cooperating witness with the FBI." Really?
Says, needs to go to Texas in June and another one in September. [Particularly bad idea to have a joint proceeding of a self-declared cooperating witness with a defendant like Copeland
Antonio's lawyer is laying it on thick - says he knows Biden and would ask him to sponsor him into the DC Bar. Except Biden is not admitted. Also agrees to waiving Speedy Trial Act time, so that "the bad guys" can be prosecuted before his client.
Now as routine insurrection cases from Kansas are processed, a friend of Copeland calls in and speaks up. Deputy is referring her to AT&T listen-only line. But I like to listen, she says. Copeland is soon: countdown
Copeland starts with a bang: You people f*cked this up, he says. "You're going to give me a psych eval. I don't like 70% of my income going to the government. F*ck all of you!
Copeland has been muted. Judge: Profanity is not allowed to be used in court proceedings. Whatever grievances you have with Federal law enforcement or the court, this is not the time to raise it. It does you a dis-service. We expect order in the court.
Judge: Counsel, if I put you in a break-out room I could provide it. I would have asked the Marshals to remove him. We have other defendants. Lawyer: He might benefit from a break-out with the attorney he met with in Utah, Mr. Stout. We don't have a relationship
Mr. Stout: I'm available. Deputy: OK, we'll do another case first.
Copeland: I wanna talk in open court you mother f*ckers! Deputy: I thought I had muted that line.
Update: Judge Meriweather put Copeland in a breakout room, said proceeding would resume. Then the AT&T line cut off. Now both of her lines are on AT&T hold music. No announcement as to whether Copeland came back on, or the resolution. Like the withheld videos...
We will have more on this.
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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