Saturday, September 18, 2021

In Jan 6 Case of Thomas Fee DOJ Says US Capitol Police Report Is Not Exculpatory

 

By Matthew Russell Lee, Patreon Podcast Song Filing  II Video Podcast
BBC - Guardian UK - Honduras - ESPN

FEDERAL COURT, August 23 -- Months after the DC Circuit's decisions in US v. Munchel and more recently Tanios, on September 13 DDC Judge John D. Bates had before him Capitol breach defendant Thomas Fee.

. Inner City Press live tweeted it here - and its podcast here:

now Jan 6 case of US v. Thomas Fee. DDC Judge Bates is asking about the overall discovery (AUSA says no Capitol Police video).

 Judge Bates said he will soon get frustrated about the delay in the global discovery.  Judge Bates: Do we want the US to be woefully wrong in 30 or 45 days? (Laughs). Defense: I am interested in the global discovery before [deciding on] finally resolving it

 AUSA: Globally, our Office has been trying to get together the possible allegations against officers, if they let people in or were complicit. "I don't believe there is anything exculpatory in there as to this defendant. But we'll send in 48 hours."

Judge Bates: The ones the media is reporting? [See, here]

 Judge Bates: Oct 27, 11 am. Speedy Trial Act times is excluded. Adjourned.

On Kenneth Harrelson on August 5, Inner City Press filed a letter and motion with Judge Mehta, on its DocumentCloud here.

On August 16, this: "Judge Mehta is in receipt of your email requesting access to the videos filed in United States v. Harrelson, No. 21-cr-28-10.  Under Standing Order No. 21-28, in order for the court to grant Inner City Press access to the videos filed in Mr. Harrelson’s case, you will need to file an application for access pursuant to D.D.C. Local Criminal Rule 57.6."

That rule provides: "Any news organization or other interested person, other than a party or a subpoenaed witness, who seeks relief relating to any aspect of proceedings in a criminal case... shall file an application for such relief with the Court. The application shall include a statement of the applicant's interest in the matter as to which relief is sought, a statement of facts, and a specific prayer for relief."

So, citing the Rule, Inner City Press filed another letter, one page, docketed here

Podcast here.  And Podcast II of August 19 here.

Now on August 19, it's been granted (shouldn't have been necessary): "MINUTE ORDER as to KENNETH HARRELSON (10) granting Inner City Press's 343 Application for Access to Video Exhibits. The United States shall make available to Inner City Press the video exhibits entered into evidence during the detention hearing of KENNETH HARRELSON (10), consistent with the procedures set forth in Standing Order 21-28. Inner City Press is granted permission to record, copy, download, retransmit, and otherwise further publish these video exhibits. Signed by Judge Amit P. Mehta on 8/19/2021."

So now, immediately, put on Inner City Press' YouTube, video here

Similarly, Inner City Press asked DOJ and then Judge Timothy Kelly for access to the videos that DOJ had shown to the court in the case: judicial documents that, under case law, must be made available to the public. But it was denied access, on the theory that Judge Kelly's order earlier in the month limited access to these judicial documents to a particular sub-set of the public.

 Inner City Press on July 27 wrote to Judge Kelly, including in the form of a motion, now on DocumentCloud, here. By noon the next day, July 28, nothing - no responses, no response. We'll have more on this. For now, podcast here; music video here.

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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