| Melzer Who Wanted Middle
East War Challenges Racial Make Up of Jury
Wheel
By Matthew
Russell Lee, Patreon
BBC
- Guardian
UK - Honduras
- The
Source
SDNY COURTHOUSE,
Nov 24 – Ethan Melzer a/k/a
Etil Reggad was charged with
conspiring to target his U.S.
Army unit, allegedly because
"another 10 year war in the
Middle East would definitely
leave a mark."
Since his
indictment his lawyers at
Federal Defenders have sought
information about the
selection of the grand jury,
and the constitution of the
Master and Qualified Jury
Wheels (others are seeking
this too, as covered by Inner
City Press here).
On July 6
he was arraigned before U.S.
District Court for the
Southern District of New York
Magistrate Judge Sarah
Netburn. Inner City Press live
tweeted it, below.
Now in November,
Melzer through his Federal
Defenders has filed a motion
to dismiss based on the racial
and ethnic make up of the Jury
wheel used during the COVID-19
pandemic. Judge Gregory H.
Woods asked for more
information from FD's expert
Jeffrey Martin, and on
November 24 they filed it (and
sent a copy of the declaration
to SDNY Judge Katherine Polk
Failla in the lead jury wheel
case, Balde). Watch this site.
On
September 9 the assigned
District Judge, Gregory H.
Woods, arraigned Melzer on the
superseding indictment. Inner
City Press again live tweeted
it, below.
At week's
end the US Attorney's Office
previewed for Judge Woods
requests for sealing they will
make under CIPA: "To the
extent the Court would like
additional information about
the Government’s anticipated
CIPA § 4 motion, the
Government is available to
participate in an ex parte
classified CIPA § 2 conference
at the Court’s convenience.
See 18 U.S.C. app. 3 § 2
(establishing that the court,
at a party’s request or
on its own initiative, can
hold “a pretrial conference to
consider matters relating to
classified information that
may arise in connection with
the prosecution”); see also
United States v. Saipov, No.
S1 17 Cr. 722 (VSB), 2019 WL
5558214, at *2 (S.D.N.Y. Oct.
29, 2019) (concluding that it
was proper for the Court to
conduct several ex parte
conferences, including a
conference pursuant to CIPA §
2). The Government anticipates
that by the time of the next
conference, defense counsel
will have had an opportunity
to review the limited amount
of classified discovery that
the Government plans to
produce and the Government’s
CIPA § 10 notice. Accordingly,
at that conference, the
Government will ask the Court
to set the deadline for the
Government’s CIPA § 4 motion
as the same date as the
deadline for the defendant’s
pretrial motions, and to set a
schedule for the defendant’s
CIPA § 5 notice and for CIPA §
6 briefing." Inner City Press
will continue to report on
this.
Judge Woods says
this will be an arraignment on
superseding indictment.
Federal Defender says if
Melzer came into the
courthouse, he'd have to be
quarantined 14 or 21 days
after it. So, it's by phone
[earlier today a video
sentencing in another case
broke down]
AUSA Hellman: The
superseding indictment
contains the original charges
- conspiracy to murder U.S.
nationals / service members
abroad, terrorist acts - but
adds 2 counts: illegal
transmission of national
defense info, to a faction or
person in a foreign country
AUSA Hellman: The
defendant wanted to set off a
race war and bring down
Western civilization. Judge
Woods: Mr Melzer, you have the
right for me to read the
superseding indictment to you
on the record. Melzer: No
thank you, Judge.
Melzer pleads not
guilty to each count. AUSA
Hellman: The US has made 2
discovery productions,
"significant and voluminous,"
including Telegram messages.
AUSA Hellman: The
US got warrants for
defendant's two cell phone and
his PlayStation game console.
The government will continue
to produce discovery.
Judge
Woods: How does the government
propose to deal with
classified information? [Inner
City Press note: In the CIA /
Schulte case they set up a
SCIF in 500 Pearl Street, but
now counsel in that case says
the room does not have the
ventilation needed amid COVID]
AUSA
Hellman: There will be only
100 pages of classified
material. It can be stored in
a SCIF. We have a protective
order under CIPA. Judge Woods:
I don't have the CIPA order in
front of me. I don't see it
filed on the docket. [Me
either].
Inner City
Press Federal Defender:
We'd ask for 90 days to review
the discovery. Mr. Marvinny
will have to renew his
classified status / access.
AUSA Hellman: I checked, we
did not submit the CIPA order
and won't under Mr. Marvinny
is re-certified.
The next
date in Melzer case is
December 9. Inner City Press
will continue to cover it.
From July:
Voice: "This is
the MCC. We have Melzer here.
Ethan." "Hello?"
He is represented
by Federal Defenders, two
lawyers.
The US Attorney's
Office says Melzer wrote “I
would’ve died successfully . .
. cause [] another 10 year war
in the Middle East would
definitely leave a
mark.”
Judge Netburn:
You are charged with six
counts, including conspiracy
to murder and maim in a
foreign country. Have you
received a copy of this
indictment? Melzer: Yes,
Judge.
Judge Netburn:
How do you plead?
Melzer: Not
guilty, Judge.
And that was it -
less than 14 minutes, no
request for release of bond
(seems clear that would be
denied), no mention of next
date. Case is assigned to
District Judge Gregory Woods.
Inner City Press will continue
to report on it.
The case is US v.
Melzer, 20-cr-314 (Woods /
Netburn)
***
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