The circumstances where one can introduce “secret” evidence may be different when arguing pre-trial detention than in an actual trial.
She’s fine and this was primarily a combination of the prosecutors fucking up a bit and not having their ducks in a row and the fact that the kid probably really isn’t a flight risk, can make bail, has representation who is vouching for him appearing on his court dates and the fact that he can and probably will be told to wear a tracking anklet. He doesn’t need to be behind bars right this moment for him to get his final fucking when it comes to conviction. There will be footage of him removing those barriers and all the other crap. He’s fucking hosed.
And by fucking up, I mean they might actually have been overzealous in their charges, etc. Politico, as much as I despise them, provides a bit more info:
“There’s no allegation that the defendant caused injury to any person. … He never personally caused damage to any particular property,” the judge said. “He was a leader of a march down to the Capitol. Once they got there, it is not clear what leadership role this defendant took at all to people inside the Capitol. … The dearth of evidence about his direction is significant here.
Howell called the issue of whether Nordean should be detained a “close case,” and she said she was disturbed by his rhetoric, especially his lack of remorse following the Jan. 6 violence.
“These are ominous statements,” said the judge. “He indisputably participated in this assault on the Capitol in which some people lost their lives, including a police officer.””
So I might even be wrong if this guy isn’t on video doing anything overtly wrong or violent and was just a mouthpiece for violent rhetoric and encouragement/incitement. Shit like this could be disasterous for us. Overcharging and underdelivering on convictions will make the entire fucking operation look like the conspiracy the right wing already believes it is. AUSA’s like McCullough, who might view these cases as their chance to shine, pad the resume and get in the spotlight for future advancement, MUST be watched carefully and leashed appropriately. The right convictions will do us far more good than bombastic charges.
Reenactment! haha More like War of 1812 reenactment. Let’s take back what we lost and burn DC.
Solidarity Sister, I loathe Joni as well.
Comparable to It’s Always Sunny in Philadelphia, perhaps?
I’m guessing that fatigue is setting in with harried and over-extended prosecutors. They need more paras and associates to spread out the workload.
I think TPM forums are fucked again, so I’ll post here to see what happens.
You’re ahead of me in the game, enn. Thanks for the worthy thought.
A prosecutor has to have some pretty strong evidence of flight risk and/or extremely serious charging evidence for a defendant not to be released pending trial. Presumption of innocence and all that.
Absolutely right on everything.
Is and has been, yes.
Bonus accuracy points for “street gang”.
Will there EVER be a confirmation vote on Merrick Garland? Or does the Senate deem the efficient and cohesive running of DOJ to be a matter of no import? All the other prospective cabinet officials who have had confirmation hearings (except Neera Tanden) have been voted on and confirmed, right? So WTF is the holdup with Garland?
Is Discobot having another bad day?
Site is sluggish. Again.
March 3rd
Judge: “I hear you have important things to do tomorrow, so…off you go!”
Someone’s playing death metal, and he ain’t into that.
Criminal prosecutions involving violent crowds–affrays–are always very hard. They’re even harder when the defendants are white and presumptively entitled to bear guns, shoot people, wreck property, as they fit.
Either that, or the defendant is black and poor. In that case, pre-trial incarceration is just SOP with bail routinely set beyond the means of the defendant, even for minor offenses.
This seems like a nothing burger to me. As much as I want to see all of these cretins in prison, I want to see it done correctly, which means not unduly holding someone without a trial.
The republicans are going to delay confirmation of any AG appointment for as long as possible. They know what’s coming once the AG is in place. They know they’re exposed. Hawley specifically asked Wray for what they’ve collected from digital metadata. He knows he’s been caught and it’s only a matter of time before the next AG spearheads a real investigation - with warrants, depositions under oath, a grand jury and resulting indictments.
They’re coming for you, Josh. It’s only a matter of time.
Have a nice day, Josh.