| For Molotov Cocktails At
NYPD Remand By Marshals 2d Circuit Orders With
Appeal
By Matthew
Russell Lee, Patreon Soundcloud
BBC
- Guardian
UK - Honduras
- The
Source
FEDERAL
COURTHOUSE, June 5 –
Amid protests about the murder
of George Floyd, late on May
30 the U.S. Attorney for the
Eastern District of New York
got a complaint signed
by Magistrate Judge
Sanket J. Bulsara about a
Molotov cocktail attack on an
NYPD vehicle. Inner City
Press, which covered the
protested in Foley Square and
at One Police Plaza on May 29
(video here
and edited here),
and aftermath
on Fifth Avenue on May
30, publishes the
complaint (later-written song
on Soundcloud).
On
June 5 the
Second Circuit
Court of Appeals heard
the
government's
appeal of the
release of
Mattis and
Rahman. Inner
City Press
live tweeted
it, here,
and noted even
that
that the
forthcoming decision
might turn on
EDNY District
Judge Brodie's
failure to
mention the
applicable
presumption.
Now
after 5 pm on
June 5, this
remand: "The
Government
moves for a
stay, pending
appeal, of the
district
court’s order
releasing
Defendants-Appellees
on bond,
subject to
conditions
including home
detention and
electronic
monitoring. It
is hereby
ORDERED that
the stay
motion is
GRANTED.
Whether to
grant a stay
is “an
exercise of
judicial
discretion”
that requires
consideration
of the
relevant
factors,
including,
most
critically,
the likelihood
of success on
the merits and
irreparable
harm to the
movant absent
a stay. Nken
v. Holder, 556
U.S. 418,
433–34 (2009)
(quoting
Virginian Ry.
Co. v. United
States, 272
U.S. 658, 672
(1926)). The
United States
Marshals are
directed to
take
Defendants
into custody
forthwith.
Defendants
shall be
detained
pending
further order
of this Court.
It is further
ORDERED that
the appeal
shall be
expedited. The
Government
shall file its
opening brief
no later than
11:59pm on
June 10, 2020;
Defendants-Appellees
shall file
their
responsive
briefs no
later than
11:59pm on
June 16, 2020;
and the
Government
shall file any
reply brief no
2 later than
11:59pm on
June 18, 2020.
The Clerk is
directed to
calendar the
appeal with
the first
available
panel
thereafter."
Full order on
Patreon here.
Watch
this site.
Live tweeted thread of appeal argument here.
On the
afternoon of June
1, the defendants
were presented
before EDNY
Magistrate
Judge Steven
M. Gold."
Inner City
Press covered and live
tweeted it, here.
Samantha
Shader did not
seek bail, and
is detained. Both Rahman
and Mattis
were ordered
released on
$250,000 bond
- but the US
Attorney
sought and got
a stay of
release,
pending appeal
to the Part 1
Judge,
District Judge
Margo K.
Brodie.
Inner City
Press live tweeted
that
proceeding at
as well,
here. Judge
Brodie upheld
Magistrist
Judge Gold's
order of
release. At the
end, she denied
Assistant
US Attorney
Ian
Richardson's
request for a
24 hour stay
in order to
confer with
the Solicitor
General for an
appeal to the
Second Circuit
Court
of Appeals.
It was
confirmed that
the "U.S.
Attorney’s
Office intends
to appeal
Judge Brodie’s
decision to
the Second
Circuit," per
Office's
Public
Information
Officer John
Marzulli.
On
June 2,
the appeal was filed, full
text on
Patreon here.
***
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