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For Instagram Threats To Manchin Rickey Johnson SDNY Trial Nears End Juror 2 Mulled

By Matthew Russell Lee, Patreon
BBC - Guardian UK - Honduras - ESPN

SDNY COURTHOUSE, Feb 21 – Rickey Johnson a/k/a Nigel Dawn Defarren is in the Metropolitan Detention Center in Brooklyn after being arrested for video threats to four cable TV broadcasters, a US Senator and Representative and others. 

On April 15, U.S. District Court for the Southern District of New York Judge Louis A. Kaplan held an arraignment and scheduling conference. Inner City Press covered it. 

  Johnson's Federal Defender asked that no more than a status conference be set.

Judge Kaplan said that's not his practice. After asking the AUSA about the status of discovery - four terrabytes of data from Instagram -- Judge Kaplan set a motion schedule and a next conference. 

The AUSA said that a trial would take no more than a week. Things seemed to be moving fast.

And it was. Jump cut to February 9, 2022; Judge Kaplan held another proceeding, on subpoenas, Inner City Press again covered it, below. And the trial: on February 17, there were questions about the Instagram accounts of Senator Manchin and Rep. Lauren Boebert. The government rested and the Federal Defenders made a motion for acquittal under Rule 29. It was denied.

  Before that, the Federal Defenders spoke at length with Johnson, with a long beard and two Marshals behind him, then asked for a sidebar.

  After the white noise, Judge Kaplan told the jurors he would see them next Tuesday morning, February 22. The Assistant US Attorney asked about Juror 2. Judge Kaplan said that would have to wait.

  On February 21, the US moved to exclude Juror Two, who they claim spoke to Detective Cowan in the hall about the white man killing the Indians for their tobacco and asked why it is The Bronx but not The Manhattan. The Federal Defenders want to keep him on the jury, saying these are just his "opinions on matters of history."

The charge conference will happen an hour after the defense rests.

  The trial is set for February 16. On February 9, Judge Kaplan quashed subpoenas. Inner City Press live tweeted, thread here:

Federal Defenders, representing Rickey Johnson aka Nigel Dawn Defarren, has subpoena-ed Fox News for copies of any policy and procedures manuals maintained by Corporate Security at Fox Corporation." Fox seeks to have the subpoena quashed. I

 Fox's lawyer: This does not meet the Nixon standard for admissibility. [Judge says only Judge Schindlin proposed a standard different from Nixon, cites recent decisions confirming that Nixon is the law of the Circuit, from Judge Wood (Skelos) and Ramos (Cole)

Judge Kaplan: You are asking for manuals that go beyond anything Defendant says is relevant. I'd quash these if refiled. I'll deal with this at trial, maybe after the witness has testified. I'd like letter briefs by the end of Friday - if Nixon applies to trial subpoena

Afterward, this: " 3rd Party Movant Fox Corporation represent by attorneys Roger L. Stavis and Steven Mintz. Oral argument heard on the 2/8/2022 letter motion (DI 45) to quash the 1/27/2022 subpoena duces tecum served on Fox Corporation. Court ordered the 1/27/2022 subpoena quashed. The Court instructed Federal Defenders that if there is a 2nd subpoena to Fox Corporation it should be made returnable to the Judges Courtroom Deputy, Andrew Mohan, at the start of trial. Letter briefs are due by 2/11/2022 as to the legal standard for the subpoenas being sought." Watch this site.

The case is USA v. Johnson, 21-cr-194 (Kaplan) 


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