FEDERAL COURT,
Sept 3 --
Months after
the DC
Circuit's
decisions in
US v. Munchel and more
recently
Tanios, and
days after the
US docketed
filings in John
Pierce's
January 6
cases, on
August 23 DDC Magistrate
Judge Zia M.
Faruqui
had before him
Capitol breach
defendant Victoria
White - for
an ascertainment of
counsel. He
removed Pierce
and made
Federal
Defenders her
interim
lawyer. Inner
City Press live tweeted
it here:
Now in
Jan 6 case of
US v. Victoria
C. White, DDC
Judge Faruqui
is holding a
proceeding on
dropping John
Pierce as her
lawyer, says
he held a
similar
hearing
yesterday.
Says he's very
concerned.
AUSA:
Our office's
last
communication
with Mr Pierce
was in August.
He appears he
is
incapacitated.
Our concern is
that
defendants'
rights are
protected. Mr.
Marshall is
not licensed.
So we request
advisory
counsel.
Judge
Faruqui: Mr.
Pierce has
been on 17 of
these cases.
You have a
right to be
represented
and I credit
the Government
for not just
taking
advantage but
asking us to
find you
another
lawyer...
Judge
Faruqui: If
and when Mr
Pierce gets
better, God
willing, he
could come
back in. We
could do
advisory
counsel, or we
could appoint
Ms. Peterson,
she has done
terrorism
cases.
Victoria
White: There's
a lot of bias
out there,
especially
from the
media. The
government can
screen shot.
We have
political
prisoners,
like Adam
Samsel [Ryan?]
Judge
Faruqui:
That's for
your candor.
It's important
we not speak
about what
happened that
day, January
6. Mr. Pierce
is on a number
of cases I've
heard,
including the
Samsel case
that you
mentioned. Do
you want Ms.
Peterson right
now?
Victoria
White: When it
comes to
justice and
truth, you
take an oath,
so help me God
- which God
would that
be?
Judge
Faruqui: I'm
not under
oath.
Victoria
White: Is that
in the
Constitution?
Judge
Faruqui: It's
in the
Judicial Code.
Victoria
White: We are
a nation of
laws and rules
under the one
true God, the
God of the
Bible, Jesus
Christ, this
is religious
and judicial
Judge
Faruqui: I
think -
Victoria
White: Bear
with me.
Victoria
White: We will
not get a fair
trial, in this
country that
makes laws
against God
himself. Judge
Faruqui: You
can say laws
violate the
Constitution.
Victoria
White: We need
to find a
lawyer who
will not take
advantage of
us. I won't
play Russian
roulette
Victoria
White: I don't
want a lawyer
who just going
to try to push
me into a plea
deal. I had a
lawyer tell me
-- Judge
Faruqui: I
don't want to
hear what a
lawyer told
you. My wife
reminds me,
you have to
keep it 100%
all the time.
You could
change lawyers
again
Judge
Faruqui: I
don't want you
to get a B+
lawyer. I
think Ms.
Peterson is an
A+. She beat
me when I was
a prosecutor.
Or she can
give you a
list of
lawyers the
court has
appointed. You
can call them
and talk with
this.
[In
@SDNYLIVE
they don't let
you choose]
Federal
Defender: We
don't need to
be appointed
today. I can
email Ms.
White and give
him a list of
CJA lawyer, or
of lawyers she
could hire and
pay. Judge
Faruqui: Let's
have a status
hearing next
Thursday, so
she can call
the lawyers
Federal
Defender: OK,
appoint us an
interim
counsel, since
Ms. White has
expressed a
desire not to
have Mr.
Pierce. That
way the US
would have to
deal with me.
Judge
Faruqui: OK. I
am terminating
Mr Pierce. If
he get out
this week I'm
sure he'll
contact you.
Judge
Faruqui: I am
not the last
word. There's
a Circuit
court right
upstairs, and
the Supreme
Court down the
street. Where
are we on the
Speedy Trial
clock? AUSA:
There's a
motion that
Ms. White's
prior counsel
said she
objected to
the exclusion
of time
Judge
Faruqui: I bet
you never
heard from Mr.
Pierce or Mr.
Marshall about
the Speedy
Trial clock.
White: I heard
I was indicted
so [hadn't
Judge Faruqui
said don't say
what your
lawyer told
you? But here,
seems to be
inviting it]
Judge
Faruqui: At
our September
17, 11:30 am
hearing, we'll
revisit.
Maybe you'll
find that Ms.
Peterson is
your A+. I
haven't had
this before, a
lawyer with a
health crisis
and no one at
their firm to
continue.
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
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.
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