|In Jan 6
Case of Hale-Cusanelli DOJ Asks Trial
Delay Into 2022 But Nov 9 Picked
Russell Lee, Patreon
UK - Honduras
July 30 -- Back on
after the DC
decision in US
v. Munchel, DDC Judge
Hale-Cusaneli, who was and
on July 30,
still detained, Assistant
any trial in
tweeted it, here:
AUSA: I understand that the defendant
is detained and I take that seriously, but
there must be more time. The volume of
evidence is unprecedented. Judge
McFadden: You continue arresting people? AUSA:
The bucket of evidence is enormous. Human
actors cannot review
AUSA: We only have one actual computer
system that can handle that volume. I cannot
email it to defense counsel. We are working
with the contractor.
Judge McFadden: My concern is that the
US chose to arrest and charge him 6 months
ago, you do not allege he is violent, but you
say months more before a trial. AUSA: I hear
what you're saying. The defendant may not have
been violent, but this was a violent crime.
AUSA Fifield: I come from a DOJ white collar
section- Judge McFadden: There, you
wouldn't arrest & then investigate. AUSA:
I wouldn't put it that way. Look at video
- [Inner City Press: we'd like to but
DOJ is withholding videos used in court in eg
US v. Jensen
AUSA: With all due respect, the Speedy
Trial Act.. the consideration here is the best
interest of justice. We need more time. Judge
McFadden: I'm not inclined to toll the Speedy
Trial clock. What's your perspective? AUSA:
I'd like to hear from the defense.
AUSA: I'm thinking early 2022, not before
January. Defense: I'm glad my client is here
in person. Judge McFadden: Yes, I'll have
plenty of opportunity to hear from Mr.
Hale-Cusanelli. And you - Marshals, is that
possible? Maybe after. Defense: November
Defense: Or I'll move for release from
incarceration, the trial in January or
February. Judge McFadden: So you do want to
choose a trial date today? Defense: Yes.
Judge McFadden: I agree plea negotiations and
a trial date are not mutually exclusive. Judge
McFadden: How long would the US case take?
AUSA Fifield: I couldn't say, without speaking
with my supervisor. Judge McFadden: But I said
today was to pick a trial date. AUSA Fifield:
I thought it was for a guilty plea. I can't
commit to length of US' case.
Judge McFadden: Ms Fifield, are you
available on Tuesday, November 9? AUSA: Let me
check my calendar... Yes, but we cannot meet
our discovery obligation by then. Judge
McFadden: I may revisit, but I am concerned
with Constitutional rights at issue here.
Judge McFadden: The US keeps arresting people
and creating new discovery. AUSA Fifield: That
is speculative. We're concerned about the
evidence we already have, that we are
obligated by law to disclose. [This while DOJ
withholds even videos it show in court]
AUSA Fifield: At this point there are 550
people charged. Judge McFadden: And counting.
AUSA: Each case, we have FBI agents and
prosecutors reviewing 1000s of hours of
videos, with 100s of people in them. Do the
multiplication. Judge McFadden: The Attorney
General said these cases are his priority. I
was told discovery would be ready in June. And
here we are. AUSA Fifield: This is creation of
an electronic database that has never existed
AUSA: For the defendant, access to all
this discovery should be important. Judge
McFadden: Freedom is also important. AUSA: But
the length of this detention is not
extraordinary. Judge McFadden: I'm not
comfortable. I'm setting trial date.
Judge McFadden: Trial November 9. Let's come
back and talk about intermediate dates,
including a cut off for the US to produce
discovery it intends to use at trial. Defense:
Let's come back in 2 weeks. AUSA: How about
the next week? Or the week after?
Judge McFadden: Let's do it virtual,
August 24, 11 am. AUSA Fifield: The government
wants to toll Speedy Trial Act time until the
trial date -- Judge McFadden: Let's just do to
the 24th [of August]. Defense: We object to
any delay. Judge: I'll toll to Aug 24th.
Judge McFadden: You can talk to your
client before he goes back to jail. And I
assume DOJ can do something.
From June 1:
US says he's "an avowed white
supremacist and Nazi sympathizer." The US also
says Hale-Cusanelli was a contractor at Naval
Weapons Station Earle where he maintains a
'Secret' security clearance and has access to
a variety of munitions."
Hale-Cusanelli wants to change lawyer.
Judge McFadden grants it, says he wouldn't
necessarily do it later in the case. Cases
files to be turned over to "Mister Crisp" by
Mr. Zucker and Mr Wright.
Judge McFadden says Zucker and Wright
can remain in for today's proceeding. AUSA:
The government has produced the most important
discovery about the defendant. But they say
they have not received discovery. What they
are saying is not accurate.
AUSA: Today we gave them body cam video
showing the defendant inside the Capitol. In
terms of plea, we have discussed what charges
would be required, but nothing else. I'm not
authorized for more. US thinks trial would be
AUSA: We will allow them into a
discovery database. This requires a vendor,
for the 400-plus cases. We have received bids
and expect to have a vendor soon.
AUSA: So we are asking for a 60 day
period, and exclusion of time. We cannot
overstate the scope of this case. We have over
2000 digital devices. We have 14,000 hours of
CCTV, and 8,000 hours of body cam. This
resulted in several deaths.
Judge McFadden: Can you just reproduce the
discovery to this new attorney? AUSA: Yes.
It's in a single USAfx folder. Judge McFadden:
Mr. Hale-Cusaneli, this is a practical result
of your decision to switch attorney - I'm
inclined to toll for 60 days.
Crisp: My status as new counsel is
irrelevant. They'd still be asking for 60
days. Let's set a trial date. I'll do what I
have to do to get up to speed. I have a staff
on hand. What trial date were you looking at?
Judge McFadden: How long to try the case?
Crisp: 3 to 4 week time period. Judge
McFadden: In other Capitol riot cases,
attorneys up to speed have been able to answer
and we set time lines. It's your case now, not
Judge McFadden: Do we need to inquire into
jail availability? Do you want it in person?
Crisp: It makes no difference to us. Judge
McFadden: July 6, 11 am. AUSA: Counsel for the
government is not currently located in the DC
Crisp: I have a trial in PA. How about
next week? Judge McFadden: I have a trial that
week. So, Friday the 16th at 10:30. And I'm
tolling Speedy Trial Act time. I'm open to
speeding up discovery, faster than the vendor,
since he's detained.
Judge McFadden: But we can't talk about
speeding up discovery with a new counsel. We
have more on
January 25, here.
22, song here:
Press' John Earle Sullivan
song on SoundCloud here.
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