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By Matthew Russell Lee, Patreon Song Song II
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FEDERAL COURT, Jan 16 – 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.  Song here. Inner City Press live tweeted it, here and below.

Now online on January 16, US Magistrate Judge Daphne A. Oberg's order explains why, full order on Patreon here: "The court orders John Earle Sullivan’s release in this case, based on a finding that the government did not establish a basis to hold a detention hearing. Mr. Sullivan made his initial appearance at a transfer hearing, conducted pursuant to Rule 5 of the Federal Rules of Criminal Procedure. Mr. Sullivan has been charged with federal offenses in Washington, D.C., and the Rule 5 hearing was held for purposes of transferring him there. At this hearing, the government made a verbal motion for detention and asked the court to continue Mr. Sullivan’s detention hearing for three days, pursuant to 18 U.S.C. § 3142(f)(2). However, in this case, the government simply did not meet its burden of establishing any basis for a detention hearing. Because the court finds the threshold conditions under § 3142(f) have not been met, it cannot hold a detention hearing and, thus, cannot detain the defendant....In this case, the government did not establish a basis for the detention hearing. When asked at the hearing on what statutory grounds the case qualified for a detention hearing, the government first began to argue dangerousness to the community—a factor the court cannot even consider unless it first finds the case qualifies for a detention hearing. The government then indicated the case qualified under § 3142(f)(2)(B). Under this provision, a case qualifies for a detention hearing if the government establishes “a serious risk that such person will obstruct or Case 2:21-mj-00014-DAO Document 8 Filed 01/15/21 PageID.37 Page 2 of 5 3 attempt to obstruct justice, or threaten, injure, or intimidate, or attempt to threaten, injure, or intimidate, a prospective witness or juror.” Id. This is a forward-looking inquiry, requiring a showing of a serious risk the defendant will obstruct justice in the future. ...The court invited the government to provide any legal authority allowing the Case 2:21-mj-00014-DAO Document 8 Filed 01/15/21 PageID.39 Page 4 of 5 5 temporary detention of a defendant when the threshold for holding a detention hearing has not been met. The government declined to do so. The government also asked the court to stay its release order. The court declined to do so, finding that where the government failed to even meet the threshold for a detention hearing, it could not detain Mr. Sullivan pending the government’s appeal. CONCLUSION Where the government failed to establish, as a threshold matter, that this case meets the preconditions in § 3142(f) for holding a detention hearing, the court must release Mr. Sullivan. The release conditions can be found in a separate order."

From January 15: Judge 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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