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Insurrection Case DDC Chief Judge Upholds
Release of Luke Coffee Citing Munchel
By Matthew
Russell Lee, Patreon
Podcast Song
BBC
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UK - Honduras
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FEDERAL COURT,
April 9 – Minutes
into a break in the
impeachment trial in
the U.S. Senate, accused
insurrectionist Domenic
Pezzola was ordered
detained until
trial by
Magistrate
Judge Robin M.
Meriweather.
Inner City
Press live
tweeted it, below. There
was an appeal.
Now on April 9,
after the DC
Circuit's
decision in US
v. Munchel,
DDC Chief Judge Beryl Howell held a
review of the decision to release defendant
Luke Russell Coffee by a
Magistrate Judge in the
Northern District of Texas,
and upheld it, releasing Mr. Coffee while implicitly
questioning the
Circuit's Munchel
decision. Inner
City Press live tweeted it, here:
Chief Judge Howell: It's not
clear me exactly what you are charging him
with - "the complaint is not clear, what are
you doing here? Misdemeanor or felony?"
AUSA: I agree the complaint is unclear.
Chief Judge Howell: I laid out my views on the
standard of review in Chrestman. But the DC
Circuit, in Munchel, said it is an open
question. And they didn't resolve it. So what
does Munchel mean to the standard of review
here?
Chief Judge Howell: And here, he was not using
the crutch like a spear or a battering ram,
right?... Are you talking over me? Don't talk
over me. If you talk over me, the court
reporter will only take down what I saw, not
what you say.
Voice: I'm sorry, your Honor
Chief Judge Howell: The government is not
seeking detention as a crime of violence. I
find it puzzling. In Lopatic, before Judge
Sullivan, there was a brief that 111a1 is not
a crime of violence. You're said it in
Fitzsimmons too, before Judge Ketanji Jackson,
too
[Note: Chief Judge Howell is reading the
briefs in many of these cases, not only the
ones before her. So she's seen DOJ's arguments
changing - twisting - after the Circuit's
Munchel decision.]
Chief Judge Howell: The Circuit in
Munchel didn't compare cases...
Chief Judge Howell: I've set forth the
factors I consider in these January 6-related
cases. Those are been [pause] *supplemented*
by the Circuit's Munchel factors. In this
case, he didn't bring the crutch with him. So,
no pre-planning
Chief Judge Howell: Where did he say
that pieces of paper came down from the sky?
AUSA: Page 9 of our filing. Chief Judge
Howell: He also says he isn't crazy. His post
Jan 6 statements, even if they sound crazy
(small laugh), it's hard to characterize them
Chief Judge Howell: After appeal to the
Circuit, Mr. Munchel as been released despite
*zip-ties in the Capitol.* To the
Circuit, those arguments about dangerousness
don't fly. You have to look at FUTURE
dangerousness, in context.
Chief Judge Howell: So that argument,
look at what happened on January 6, disrupting
our democracy, that's not an argument the DC
Circuit seems prepared to accept, in
evaluating dangerousness.
Chief Judge Howell: What about his Texas
Monthly interview. Do you read that as showing
remorse? AUSA: He might only be saying he's
worry he got caught and is now known as the
Capitol invasion guy.
AUSA: Now that he faces long prison
time, he might go into hiding again. Chief
Judge Howell: He just didn't tell his mother
where he was. And he wasn't charged yet. Let
me turn to the defense. Do you think I need to
give deference to the Northern District of
Texas?
[Defense lawyer is a low-talker.] Chief
Judge Howell: You've referred to your client
as one of four non-violent peacemakers trying
to break up the violence.. Defense: He
was praying. Judge Howell: When he held the
crutch over his head? Defense: No, ma'am
Chief Judge Howell: Is this defendant a
QAnon supporter? Defense: No, ma'am. And Mr.
Coffee has never been in trouble with the law
before.
Now the Assistant US Attorney says
Mister Coffee *is* a QAnon adherent. "He was
ready to die, he attacked law enforcement."
AUSA says, "cabal of left wing
pedophiles." Defense: Your Honor, may I
respond? He was just saying Yes to him mama.
They are making something out of nothing. I am
not a social media person--
Chief Judge Howell: That is not addressing
what the AUSA said. And the papers here don't
say much about QAnon.
Chief Judge Howell: Does defendant's
relation to QAnon raise an issue about future
danger? Defense lawyer: It's a conspiracy
theory, not an organization like the Proud
Boys or anything like that.
Chief Judge Howell: I am prepared to
rule. Recently in Munchel the Circuit declined
to say whether it remains de novo review of
Magistrate's decisions. These are all
collected in this court's US v Chrestman
decision in footnote 5. This court will
proceed de novo
Chief Judge Howell: He used a crutch to
push and jab at police officers. Was is a
deadly weapon? This was defined by Judge
Lamberth in Chansley. Here, a crutch could be
deadly, in a mob, could cause people to be
crushed.
Chief Judge Howell: He did not enter the
Capitol building with the crutch. Munchel
entered the Senate with a taser and zip ties
[sound of breathing: for emphasis?]
Defendant's interactions with the police is
explained theoretically by the defense as
disoriented Chief Judge Howell: Other
defendants, I've seen actually injuries caused
to police officers, and spraying in the face
of bear spray and pepper gel. Mr.
Coffee, he bragged after January 6. Special
Agent Hillman testified about a video not
shown to me.
Chief Judge Howell: He owns a business in
Texas and has not history of mental illness.
The defense does not address what the event
did to the country's standing in the world
[pauses] But it does not seem he's looking for
his next mob. Future danger is the key
Chief Judge Howell: The Circuit in Munchel
said that without the mob, the defendants
seemingly would not have posed such a thread.
They said the danger has passed [pause]...
That is the reason the DC Circuit remanded the
Munchels to Judge Lambert
Chief Judge Howell: He used the crutch
to push. This undercuts danger in the future.
So the government has not show that this
defendant merits pre trial detention. The
factors weigh for release. The Magistrate is
affirmed, detention denied. He will be
released.
We will
have more on
this.
Inner
City Press
live tweeted
Riley June
Williams on
January 25, here.
From January
22, song here:
Thread here.
Inner City
Press' John Earle Sullivan
song on SoundCloud here.
***
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