| US Judge
Keeps John Earle Sullivan Free Despite
InfoWars Promoting Insurgence USA
By Matthew
Russell Lee, Patreon Song Song
II
BBC
- Guardian
UK - Honduras
- ESPN
FEDERAL COURT,
Feb 8 – 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
on January 15, here.
On February
5, DOJ took a second shot on
new facts, including an
iPhone, and InfoWars interview
and text messages, before U.S.
District Court for the
District of Columbia
Magistrate Judge Robin M.
Meriweather, now put over to
February 8. Inner City Press
live tweeted February 5 here
(and put the 26 page detention
memo on Patreon here)
Now on February 9
Judge Meriweather returned and
ruled that Sullivan can remain
free. One of the allegations
of violations, along emailing
the Insurgence USA list to say
"Pack the court," was lost.
But Judge Meriweather said it
did not change her ruling.
Inner City Press live tweeted
here:
Judge
Meriweather: I have one
clarifying question - in terms
of the US Attorney's argument,
are you asserting that Mr
Sullivan poses a danger to the
community? Or that he is a
risk to not return to court?
AUSA Wong: Both.
Judge
Meriweather: I heard extensive
arguments on Friday. Anything
else? Sullivan's lawyer:
I have watched the InfoWars
video. It is a benign
conversation. He was answering
questions, it's not prohibited
conduct. He does not mention
Insurgence USA.
Sullivan's
lawyer: He has a solid family
behind him. [The brother,
James, not so much behind him
- dropped the dime, to FBI,
and wrote on Facebook: “I got
into activism for one reason,
and that was to take down my
brother.”
Sullivan's
lawyer: If you need to
tighten up terms, fine. He had
permission to get an Android
phone, and that's what he did.
Judge Meriweather: I will rule
on the revocation request. I'm
not persuaded on obstruction
grounds, but this is under
3148.
Judge
Meriweather: I need a few
minutes. I'm going to turn my
camera off for a few minutes
so I have access to one more
screen. [Another break.]
Judge
Meriweather is back: Turning
to the merits... If there is
clear and convincing evidence
of a violation, then if there
a condition or combination of
conditions to assure return to
court. First, there are four
alleged violations.
Judge
Meriweather: First, they
allege violation of logging
into Twitter contrary to
conditions of release.
Pre-Trial says it has has the
IP addresses. But I do not
find clear and convincing
evidence. He is not the only
resident of that house.
Judge
Meriweather: There is his
purchase of an iPhone. It's
said he could only have a flip
or burner phone. On Friday the
defense suggested there was a
confusion. But I conclude
there is evidence the
conditions were violated.
Judge
Meriweather: Violation 4 is
based on promotion of
Insurgence USA. The producer
from InfoWars asked for a web
address - and Mr. Sullivan
provided Insurgence USA. So
this appears to be a violation
as well. But I do not believe
detention is required.
Judge
Meriweather: I found
violations, soon after
condition was set. But I do
not believe he is such a
danger to the community he
needs to be detained pending
trial.
Judge
Meriweather: I did not think
it was appropriate for me to
look around the Internet to
see what Insurgence USA is.
Yes, he is accused of saying
"Let's burn this down." But I
do not think these charges are
so dangerous. He has family
support.
Judge
Meriweather: We are not yet at
a point where I cannot trust
Mr. Sullivan to follow the
release conditions.. [Then
silence]
Deputy: Is the
judge frozen for everyone?
Yes. Deputy: Have you emailed
her? A: I will do so
presently.
Now an
update is offered: "Wi-fi went
out in Chambers but she is now
using a public network." [An
aside while waiting: Friday,
Judge Meriweather retired to
watch the InfoWar video. But
she did NOT think it
appropriate to click-through
the Insurgence USA links.]
Judge
Meriweather: I will be clear
with the conditions I set, and
I'll count on Mr. Sullivan to
follow them. They may differ
from what the District of Utah
set. In a nutshell, I am
concerned but I believe he
will comply with my condition.
US could appeal...
Judge
Meriweather: As to what the
conditions should be, should
we do this now or do the
parties need time? Pre-Trial:
We alleged five violations,
not just the four you
discussed.
AUSA: We sent an
earlier draft with four
violations. Then we added a
fifth, that he email the
Insurgence USA list to say
pack the courtroom. [Court
ruling off earlier draft.
Ruling re-opened?]
Judge
Meriweather: Let me find
Exhibit D. Where is the
petition?
AUSA: It is
allegation number 5.
Voice: You might have received
it from Ms. Kelly Smith, on
Friday. Judge
Meriweather: I was aware of
that, I don't want to state on
the record...
Judge
Meriweather: I thought it was
part of the obstruction
argument. I don't think it was
a threat to a judge. It may
have violated the condition to
not work for Insurgence USA.
But it does not change my
ruling. I am denying the
request to revoke release.
Song on SoundCloud here.
***
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