FEDERAL COURT,
Jan 7 --
Months after
the DC
Circuit's
decisions in
US v. Munchel and more
recently
Tanios, on October
12 DDC Judge Trevor
N. McFadden
had before him
Capitol breach
defendant Brandon
Fellows, who
wanted
to represent
himself.
Judge
McFadden
agreed to it,
albeit
begrudginly.
Inner City
Press live
tweeted it, here.
Now on
October 12, Fellow
argued
for himself -
at length -
seeking reconsideration
of the
decision to
detain him.
Inner City
Press live
tweeted it here,
podcast here.
On
January 7,
2022 Judge
McFadden held
a proceeding,
allowed
Fellows' stand
by counsel to
withdraw.
Inner City Press
live tweeted
here:
Brandon
Fellows: I'm
surprised,
what you've
said has been
pretty
accurate so
far. [He's
been muted
until now.] I
did want to
mention, the
form I gave
you with
signatures
about the lack
of laptops.
They gave me
one dead
without a
charger.
Fellows:
Another inmate
allowed me to
borrow his
laptop. That
was taken from
me; the person
is still
looking to get
it back. He's
J.B. from
California.
The jail is
slow even
without this
COVID hype.
Fellows:
So seven
months in I
got some,
maybe it will
take a year
after my
arrest to get
discovery. I
finally got a
shower after
10 days. We
all got COVID
and got over
it in two or
three days. I
can't write or
read, you just
lay their like
a dying senior
Fellows:
I could sign a
piece of
paper, they
tell me,
saying I did
something I
didn't do and
I could get
out. I propose
a halfway
house. I
prefer to type
rather than
handwriting.
The gentleman
given 2 years
probation in
December is
more intense
than me.
Fellows:
I hear they're
paying $350 a
day to keep me
here. It's a
waste of
money.
Judge:
In terms of
the bond
issue, you've
appealed to
the DC
Circuit.
Fellows: I
have new
evidence.
Judge:
It's the COVID
situation that
has made it
more
difficult.
Fellows:
We hear Allah
U Akhbar so we
know the
mosque is
open. We would
like to go to
church. You
could stand up
for civil
rights. I
would love to
go to church.
It's been
almost a year.
Judge
McFadden: So I
understand the
jail is under
quarantine
over Omicron
Judge:
Let's talk
about the
lawyer's
motion to
withdraw.
Fellows: I can
answer you in
4 or 5
minutes.
Judge: You say
she's lying to
you and lying
to me. I find
those
difficult to
believe. I'm
inclined to
let her
withdraw and
you deal with
this by
yourself
Judge:
Do you believe
she has
provided
ineffective
assistance of
counsel to
you? Fellows:
Yes. But I'd
like to tell
you more.
Judge: I'll
just let her
withdraw.
Fellows: The
court should
hear more. I
wanted her to
corroborate my
story.
Brandon
Fellows: My
assigned
lawyer told me
to say that
Donald Trump
told me to
storm the
Capitol. But
that's not
true. The
police told me
I could go
in... She
wouldn't send
documents to
me, she told
me You are
your own
attorney.
Brandon
Fellows: I
have a 6th
Amendment
right to
counsel but I
wasn't given
counsel, I was
given a
radical
leftist. Judge
McFadden: I am
allowing her
to withdraw.
[Compare to
yesterday in
EDNY, motion
to withdraw
denied by
Judge Korman, here]
Judge
McFadden:
Let's set a
trial date.
July 5?
AUSA: Fine.
Fellows: I'd
like to wait
on that.
I wasn't given
proper
counsel. Judge
McFadden: OK,
then it will
be the Fall or
later.
Fellows: The
government had
been
tyrannical.
I'm cool with
that. AUSA: He
says he got
info from his
phone. But we
haven't gotten
into it. We
seized it Jan
16. A phrase
popped up, The
Founding
Fathers would
be ashamed of
you. He can
lock or wipe
it from his
iCloud.
Fellows:
Incorrect!
AUSA: In Dkt
60 he says he
will stream
again
Judge:
Will you gave
your passcode?
Fellow: It's
been a year. I
might have it
written down.
Lost mode does
not erase
anything. I
have video of
my
police-welcomed
tour. AUSA: He
filmed in
Senator
Merkeley's
office.
Fellows: I
need temporary
release to
tell them
Judge
McFadden:
Let's meet Feb
11 at 11 am.
And on the
motion for
access to
justice, I'm
going to deny
it. But I can
hear more on
Feb 11. AUSA
runs the table
on dismissing
motion after
motion, with
Judge McFadden
saying, I
agree.
Fellows: I
disagree!
Judge
McFadden: Some
of your
concerns are
just, kind of,
unfortunately,
the result of
the
Coronavirus
lockdown.
Adjourned
Meanwhile, Inner City Press now
month-long attempt to gain access to the videos DOJ
used
in US v. Padilla before
Judge Bates has run into
a brick wall - this is not
transparency, and we'll have
more on it, and these cases.
On Kenneth
Harrelson on
August 5,
Inner City
Press filed a
letter and
motion with
Judge Mehta, on
its
DocumentCloud
here.
On August
16, this:
"Judge Mehta
is in receipt
of your email
requesting
access to the
videos filed
in United
States v.
Harrelson, No.
21-cr-28-10.
Under Standing
Order No.
21-28, in
order for the
court to grant
Inner City
Press access
to the videos
filed in Mr.
Harrelson’s
case, you will
need to file
an application
for access
pursuant to
D.D.C. Local
Criminal Rule
57.6."
That rule provides:
"Any news
organization
or other
interested
person, other
than a party
or a
subpoenaed
witness, who
seeks relief
relating to
any aspect of
proceedings in
a criminal
case... shall
file an
application
for such
relief with
the Court. The
application
shall include
a statement of
the
applicant's
interest in
the matter as
to which
relief is
sought, a
statement of
facts, and a
specific
prayer for
relief."
So,
citing the
Rule, Inner
City Press
filed another
letter, one page,
docketed
here
Now on
August
19, it's been
granted (shouldn't
have been
necessary):
"MINUTE ORDER
as to KENNETH
HARRELSON (10)
granting Inner
City Press's
343
Application
for Access to
Video
Exhibits. The
United States
shall make
available to
Inner City
Press the
video exhibits
entered into
evidence
during the
detention
hearing of
KENNETH
HARRELSON
(10),
consistent
with the
procedures set
forth in
Standing Order
21-28. Inner
City Press is
granted
permission to
record, copy,
download,
retransmit,
and otherwise
further
publish these
video
exhibits.
Signed by
Judge Amit P.
Mehta on
8/19/2021."
So now,
immediately,
put on Inner
City Press'
YouTube, video here
Similarly,
Inner
City Press
asked DOJ and
then Judge
Timothy Kelly
for access to
the videos
that DOJ had
shown to the
court in the
case: judicial
documents
that, under
case law, must
be made
available to
the public. But
it was denied
access, on the
theory that
Judge Kelly's
order earlier
in the month
limited access
to these judicial
documents to a
particular
sub-set of the
public.
Inner
City Press on
July 27 wrote
to Judge
Kelly,
including in
the form of a
motion, now on DocumentCloud, here.
By noon the
next day, July
28, nothing -
no responses,
no response.
We'll
have more on
this. For now,
podcast here;
music video here.
Inner
City Press
live tweeted
Riley June
Williams on
January 25, here.
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