FEDERAL COURT,
Oct 12 --
Months after
the DC
Circuit's
decisions in
US v. Munchel and more
recently
Tanios, on October
12 DDC Judge Trevor
N. McFadden
had before him
Capitol breach
defendant Brandon
Fellows, who
wanted
to represent
himself.
Judge
McFadden
agreed to it,
albeit
begrudginly.
Inner City
Press live
tweeted it, here.
Now on
October 12, Fellow
argued
for himself -
at length -
seeking reconsideration
of the
decision to
detain him.
Inner City
Press live
tweeted it here,
podcast here:
Fellows:
I was with my
friend, he was
making the
biggest
decision of
his life,
KitKat bar or
Reece's. Yes,
my phone was
wrapped in
aluminum foil.
Fellows:
I've studies
another case
before
Magistrate
Judge
Meriweather,
about the
Kavanaugh
confirmation
hearing. He
actually
fought police.
In my video, I
told the
officer,
You're super
cool. I didn't
know any cops
were beaten,
beating
Roseann Boyle
(sp)
Fellows:
I am not
against Ms.
Meriweather,
in my
interaction
with her. She
put me on
$25,000 bond.
I don't do
well with
change. I
double down.
The government
will have
videos after
the event, Oh
yes, I'm
commenting
some mean
things.
Fellows:
When you get
the report,
which I
haven't even
seen, it will
say Brandon is
not calling
in. I didn't
read the
contract. I
broke
character. I
was crying as
they put the
ankle bracelet
on.
Fellows:
I'm not a
druggie. I've
never failed a
drug
test. I
feel like I
was a battered
wife in
training. And
yet I still
trained myself
to deal with
the
restrictions.
I asked my
lawyer to
speak up.
Nothing.
Nothing.
Nothing.
Fellows:
I found out
that the drug
test would
involve me
peeing in
front of a
stranger. I
said no, no,
no. But then I
went. I note
that I don't
have contacts,
and I am
legally
blind...
Fellows:
I was a
troublemaker
in high
school. My
uncle got me
involved in
wrestling. Now
I'm in a
lethargic life
style. I was
kicked off of
social media
due to being
associated
with this
group. I lost
85% of my
income. They
were afraid of
cancel
culture.
Fellows
is still
going: They
are going to
allege that I
climbed up a
wall. I have
read about a
case in
England about
a wall. In
Albany NY you
can go no the
capitol
grounds. As
soon as I
left, I shared
with CNN who I
was. I didn't
think I had
done anything
wrong.
AUSA:
Your Honor, he
thought out or
tried to
contact your
family to get
you off the
case. Nothing
new has been
presented
here. There is
no reason to
let this man
out of
detention.
Judge
McFadden: Mr.
Fellows you
have the last
word. Fellows:
I was not
trying to
sexually
harass them. I
don't like
people who
treat me
negatively.
I'm not afraid
of sharing the
truth even if
it damages me.
I offer you
context. I am
impulsive and
I trust too
much.
Fellows:
People who
have threated
to stab me in
jail, I've
prayed with
them. This is
entrapment by
estoppel (?)
I've seen the
record, some
of them were
told to do
these things.
Knowing the
Declaration of
Independence I
thought I
might witness
something
historic
Fellows:
I'm had my
life ruined.
I'm just
trying to show
the court that
I'm
trustworthy. I
need the
chance. I have
always wanted
therapy.
That's all I
have to say.
Judge
McFadden: I've
considered the
motion from
defendant to
reopen the
bond
determination...
Judge
McFadden: I
have allowed
Mr. Fellows to
testify, I'm
not sure he
had the right
to. I now deny
the motion to
reconsider.
I've never
given somebody
three chances.
Maybe you have
not gotten
along with
your probation
officers. You
are charged
with a felony.
Judge
McFadden: Most
people facing
felony are in
custody
pending trial
(?) [Uh, Bail
Reform Act?]
Judge
McFadden: The
Appeals Court
upheld my
detention of
Mr.
Hale-Cusinelli.
Here, your
conduct
post-arrest
was repeatedly
refusing to
comply. You
make excuses.
Meanwhile, Inner City Press now
month-long attempt to gain access to the videos DOJ
used
in US v. Padilla before
Judge Bates has run into
a brick wall - this is not
transparency, and we'll have
more on it, and these cases.
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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