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In Jan 6 Case Smocks Nears Plea But Terrorism No-Fly List Issue with DHS, Not DOJ

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

FEDERAL COURT, September 1 -- Months after the DC Circuit's decisions in US v. Munchel and more recently Tanios, on August 31 DDC Judge  had Tanya S. Chutkan before her Capitol breach defendant Troy Anthony Smocks. Inner City Press live tweeted it, here (and podcast here)

OK - now Jan 6 case of US v. Troy Anthony Smocks- he's charged in connection with the Capitol, but also threats. In the run-up, AUSA said DOJ can't get him off the terrorism no-fly list, have to ask Homeland Security.
Defense; The plea offer is still open but we are working out numbers. [Before judge came on, defense told AUSA, I thought you told me Homeland Security had signed off on the offer. AUSA: No, I'm with the National Security unit of DOJ, DHS is separate.]

Judge Tanya S. Chutkan: How much time do you want? A: Next week?

 Judge: That's fast - remember, Monday is a holiday. How about Monday the 13th? One lawyer says the Pre-Sentence Report writer should finish *before* the plea. That's not how it's done  @SDNYLIVE

 Judge Chutkan: I can do it after lunch. Let's set 2:30 pm on Sept 13 for possible plea or status.

Judge Chutkan: I exclude time. Adjourned

For withheld videos, Inner City Press on August 31 sent a formal application to Magistrate Judge Robin Meriweather, on US v. Lazar - watch this site.

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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