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By Matthew Russell Lee, Patreon Podcast Song
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FEDERAL COURT, Nov 5 -- On November 5, months after the DC Circuit's decision in US v. Munchel, DDC Judge Trevor N. McFadden had before him the case of two Capitol breach defendants, Robert Morss and Geoffrey Sills. They wanted to have the same lawyer, who called out DC Jail Corrections Officer Armstrong before the proceeding went sealed. Inner City Press live tweeted it here

Judge McFadden: I don't like getting involved in telling the U.S. Marshals where to move people.

Defense: The info we received is serious. But we'll wait to see the government's response. Judge McFadden: I don't know what to do on the motion to substitute counsel.

 Judge McFadden: Has anyone seen Mr. Kiyonaga? Defense: We took the train down from Philadelphia. Voice: I saw him in the building. Judge McFadden: On the sixth floor? What is being alleged about Mister [Geoffrey] Sills?

 Now he's here, John C. Kiyonaga. Judge McFadden: I have some concerns about strategy as the case goes on. Both defendants are detained. There could be conflicting interests.

Assistant US Attorney: Morss is on one side of the collapsing line, as officers held that door. Mr. Sills joins the ground at 2:40 pm and steals a baton from one of the officers.

 Kiyonaga: The government is arguing that I have to prove a negative if I want to keep representing both defendants. The salient feature is, neither one of these men is accused of conspiracy. They did not coordinate.

 Kiyonaga: I've search my brain, it may not be the most capacious one, I can't find a conflict. Judge McFadden: Ms. Jackson and I have found some. Kiyonaga: The argument is that I could only represent one drug dealer, one murderer.

 Kiyanaga: There are lawyers representing more clients that I am in this overall case. It's the government's decision who to put in which indictment. Excuse me, my mouth is really dry. Judge McFadden: There's water back there.

 Kiyanaga: In the video, I see nothing that looks like Ranger training. It's like 5th grade. Both Mr. Morss and Mr. Sills have agreed to waive potential conflict. The contours of that day are far from clear at this point.

 Judge McFadden: What about severance? I can't imagine running a 9 defendant trial.

AUSA: If we split the 9 in half, those detained would go first. 

Morss' 6-months lawyer: Our client is educated. He's been a teacher. Morss' 6-month lawyer is with the Public Defenders' office in Philly, which has 11 January 6 clients. She says, the defense lawyers have a list-serv to share information. Mr. Morss had a right to choose his counsel.

 Judge McFadden: Can I ask the defendants to approach the podium. Mr. Morss, how old are you? Morss: 28. I have a bachelors degree. Sills: 30.    Judge McFadden: You are in the upper echelon of the case, felonies and assault.

 Morss: I want Mr. Kiyanaga because he is a veteran like me. A Ranger, a step above the average. It is a blessing. Judge McFadden: I was prepared to side with the US, but Mr. Kiyanaga has made some good points. Severance would solve it, except for sentencing.

 Judge McFadden: I will allow Mr. Kiyanaga to represent both defendants. 

Kiyanaga: Could Mr. Morss be transferred immediately to Alexandria? I witnessed the vindictive status of the CTF staff where they tried to pin a bogus charge on him. He was set upon

 Kiyanaga: The C.O.'s name is Armstrong. If Mr. Morss goes back he will suffer retaliation. Put him in Alexandria. 

Judge McFadden: Do you want to speak under seal? Counsel approach.

Inner City Press previously published a song about Guy Reffitt, 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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