FEDERAL COURT,
August 23 --
Months after
the DC
Circuit's
decisions in
US v. Munchel and more
recently
Tanios, on September
24
DDC Judge Reggie
B. Walton
had before him
Capitol breach
defendant Anthony Mariotto,
who
wanted to
plead guilty
- but not to
pandering. Judge Walton
ended up
yelling.
In
January 6 case
of US v.
ANTHONY R.
MARIOTTO, just
now DDC Judge
Reggie B.
Walton told
the defendant
he is pleading
to "pandering"
in the
Capitol.
Mariotto
pushes back
and it's
acknowledged:
it's
"parading."
Judge
Walton: Do you
still want to
enter a plea
of guilty?
Mariotto: Yes,
Your Honor.
Judge
Walton: This
kind of
conduct will
not be
tolerated. [Here's
the original
"Statement of
Facts" against
Mariotto]
AUSA:
The defendant
opened the US
Capitol
through a door
that had
previously had
its window
broken. He
took a selfie
and posted it,
"This is our
house." He
chanted, USA!
USA! He
paraded.
Judge
Walton: Do you
agree?
Mariotto:
[pause] I did
Walton:
How do you
plead?
Mariotto:
Guilty.
Judge
Walton: Why is
detention not
appropriate?
Mariotto's
lawyer: He's
had the same
job 25 years.
Judge
Walton: I love
my government,
it's been good
to me. Why
shouldn't I
detain you? I
teach all
around the
world
Judge
Walton: You've
disgraced the
US in the eyes
of the world.
My inclination
is to lock you
up. I find it
outrageous!
You better
walk the
straight and
narrow!
Sentencing Dec
17, 9
am.
Meanwhile, Inner City Press week-long attempt to gain access to the
videos DOJ used in US v.
Padilla before Judge Bates
remains
stalled, for now - more to
follow.
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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