| John Earle
Sullivan Freed In Utah As DOJ Did Not File
A Detention Memo or Meet Threshold
By Matthew
Russell Lee, Patreon Song
BBC
- Guardian
UK - Honduras
- ESPN
FEDERAL COURT,
Jan 15 – Among the cases
brought by the US Department
of Justice in the wake of the
events of January 6 in the
U.S. Capitol, that of John
Earle Sullivan stands out.
On January
15 Sullivan appeared before
U.S. District Court for the
District of Utah Magistrate
Judge Daphne A. Oberg for the
type of detention hearing that
has resulted in the jailing of
Cleveland Grover Meredith and
Lonnie Coffman in DC, and
Eduard Florea in the EDNY in
New York.
But this
one went differently: DOJ did
not even file a detention
memo, or meet the threshold
that was met on Meredith.
Full just-filed list of
conditions of release on
Patreon here.
Inner City Press live tweeted
it, here:
Magistrate Judge
Daphne A. Oberg is presiding.
Sullivan appears by Zoom from
holding cell in Utah jail. He
has two retained (paid)
lawyers.
There are 2 AUSAs
- from Utah and DDC. "We are
here on a Rule 5 proceeding."
Judge: "You have
been charged by Complaint in
Washington DC. You have a
right to a lawyer." He has
Mary Corporan, who says she's
only for Utah proceeding at
this point. Also, Jonathan
Nish.
Judge: Have
you reviewed the complaint?
Sullivan:
Not completely. Corporan: I
read it to him by video.
Judge: Who you like more time?
Sullivan: Yes. Corporan: I'll
say when we're ready to
rejoin. We'd like Mr. Nish as
well.
From the US
Attorney's Office affidavit: "
SULLIVAN stated that he was at
the U.S. Capitol on January 6,
2021, when scores of
individuals entered it... he
was wearing a ballistic vest
and gas mask while there.. he
entered through a window that
had been broken out
US:
"SULLIVAN can be seen telling
a crowd, over a microphone,
“we about to burn this shit
down,” “we got to rip Trump
out of office . . . f*cking
pull him out of that sh*t . .
. we ain’t waiting until the
next election . . . we about
to go get that motherf*cker.”
US: "footage that
SULLIVAN showed a gun being
discharged by a U.S. Capitol
Police officer within the
Speaker’s Lobby, and a woman
falling back into the crowd
with a gunshot wou[n]d. This
woman was later identified as
Victim 1."
[That is,
Ashli Babbitt] Sullivan and
lawyer Corporan are back.
Judge Oberg: Do you understand
what you have been charged
with? Sullivan: I do.
Judge Obiang puts
Arrest Warrant signed by DDC
Magistrate Judge Robin M.
Meriweather on the screen.
AUSA: This should be tried in
Washington, DC
Judge: Are
you waiving your right to an
identity hearing? Sullivan:
Yes, Your Honor.
Corporan: He is
not waiving a preliminary
hearing. But let's deal with
detention or bail first.
Judge: Can he be released?
AUSA Reeves: We seek
detention, but we want 3 days.
Judge Oberg:
First you have to meet the
threshold for a detention
hearing. [This was an issue
yesterday on Cleveland Grover
Meredith, Inner City Press
story here]
Judge Oberg: We
don't get to consider danger
to the community until we
determine if there'll be a
detention hearing. Can you
establish it?
AUSA
Reeves: We can allocute to
that. Witnesses are not
available [This is a weird
strategy, not submitting a
detention memo]
AUSA
Reeves: There is no
combination of conditions that
would protect the public --
Judge Oberg: We
don't get into that yet.
AUSA: He has contempt for the
court -- Judge Oberg: I need
to hear facts tending to show
Mr. Sullivan poses a risk of
obstructing justice
AUSA Bryan
N. Reeves: He incited a riot
in Provo. He attended his
court hearing by Zoom DC, the
day before these offenses. The
video from Provo shows the
defendant urging confederates
to block traffick. He said, "I
will f*ck your head up."
AUSA: This shows
a reckless disregard for the
courts, and the health and
welfare of innocent civilians.
Judge: You're saying that
another case means he'll
obstruct justice in the
future? AUSA: There is another
situation, we are procuring
video from Oregon Inner City
Press @innercitypress · 1h
Judge Oberg: Anything else?
AUSA: Just proceed to (e)(1).
Corporan: This case does not
qualify for detention under
the Bail Reform Act. The
defendant is presumed
innocent. The Provo case is
merely pending. That he Zoomed
in, that's mandated by COVID
pandemic.
Corporan: That he
did or didn't participate in
demonstrations in Oregon does
not meet the threshold to
detain him for purposes of a
detention hearing. [Inner City
Press inside baseball
question: Who is the Part 1
judge to appeal to in the Utah
Federal Court today?
Judge Oberg: You
are entitled to three days
only if it meets the standard
for a detention hearing. It's
Section 3142(f). AUSA: May we
reschedule to call witnesses?
Corporan:
The system kicked me out for a
moment. Inner City Press
@innercitypress · 1h Corporan:
Now is the time to show that.
It's nearly 5 pm - it's not
appropriate to continue this
hearing on this threshold
inquiry. Judge Oberg: Here's
the problem, Mr. Reeves. The
Court can only order detention
if the threshold has been met.
AUSA Bryan
Reeves: So let's set
conditions for release.
[Total wipe out for US
DOJ. Compare this to DOJ
work on Florea in EDNY, and
Meredith and Coffman in DDC.
Why didn't they file a
detention memo here?]
AUSA: May
the government be heard on
conditions? Judge Oberg: Let
me lay out my proposal, then
I'm happy to hear from both of
you, and from Pre-Trial. Fair
enough? AUSA Reeves: Yes, your
Honor.
Judge Oberg: Mr.
Sullivan, I order you maintain
or seek employment. You are
not to travel outside of Utah.
You are being charged in
Washington. To travel there,
you will need permission. No
contact with victims,
witnesses or co-defendants. I
do not know if there are any
such people.
AUSA: Does
that apply to any past
confederates? Judge Oberg:
Witnesses in this case. No
weapons. I read that your
father has removed some
firearms from your residence.
No narcotics unless
prescribed. A mental health
evaluation. Do you have a
passport? "Yes."
Judge Oberg: Turn
in your passport by the end of
next week at latest. I am
ordering location monitoring
technology, at the discretion
of the pre-trial services
officer. The technology may be
installed in 14 days, due to
COVID, or sooner.
Judge
Oberg: You are to remain at
home except for employment,
religious services or with
permission. Mr. Reeves? AUSA
Reeves: His activities are on
social media platforms. He
uses social media to incite.
Messaging apps to set up
riots. I am concerned about
threats
AUSA Reeves: He
has said he plans to be
employed by his organization,
which incites riots. That's
how he makes his living.
AUSA: We ask that
he be restricted from
traveling to protests even in
Utah. And no Internet usage.
Judge Oberg:
Ms Corporan? I am
concerned with the employment.
Corporan: He will obtain more
traditional employment working
for a third party. Judge
Oberg: No more Insurgents USA?
Corporan: He will
not dissolve it. But no
employment there. No Internet
is a problem. The only job he
could get is on a farm, like
another clients. He'll need a
smart phone to get a job. That
is not an appropriate
restriction.
Pre-Trial
Services: We can monitor it.
In terms of what is considered
violations... Judge Oberg:
Bring you concerns to me and
we can go from there.
AUSA Reeves: We can provide a
list of platforms. But it
could not include encrypted
ones.
Corporan: Not all
of his First Amendment rights
should be taken from him.
Judge
Oberg: We will air any
concern. It's the beauty of
the adversarial system. Mr.
Sullivan, I am going to impose
an Internet monitoring
program. You will co-pay.
Judge
Oberg: I'd like to tell you to
stay off social media, but I
don't know which ones. You
give them notice in a week of
sites. Figure it out among
yourself. File a notice with
the court if necessary.
Judge
Oberg: You are not required to
shut down Insurgents USA LLC
But no employment there.
Corporan: But he must do
things for the LLC. It has
sold media content to
international and national
outlets. He will get paid for
that, I assume that's OK.
AUSA: OK.
AUSA Reeves: I
have an issue about the
proceeding today. [In SDNY or
EDNY, the US Attorney's Office
would appeal to the Part 1
District Judge, or if still
necessary, to the Circuit
Court - is that happening
here?]
Yes - Reeves
asked for a stay so he can
appeal.
Judge Oberg: You
didn't even meet the threshold
to have a detention hearing. I
am going to deny that motion
for a stay. AUSA Reeves: We
thank everyone including the
defendant. [Total wipe out for
DOJ]
As to
Leffingwell, Inner City Press
covered the case.
U.S. District Court for the
District of Columbia
Magistrate Judge G. Michael
Harvey held the detention, or
really non-detention,
proceeding. Inner City Press
live tweeted it here:
(then, song here)
Song on SoundCloud here.
***
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