| In DC
Meredith Who Threatened Pelosi Still
Detained New US Memo For Jan 14 Argument
By Matthew
Russell Lee, Patreon Song
BBC
- Guardian
UK - Honduras
- ESPN
FEDERAL COURT,
Jan 13 – Three days
after in the US Capitol among
other things Mark Leffingwell
stuck a Capitol Police officer
repeatedly with a closed fist
(and was freed), an affidavit
was unsealed about still
detained Cleveland Grover
Meredith with a detention
hearing now pushed from
January 13 to 14.
Inner City
Press began live tweeting the
January 13 proceeding, until
it abruptly ended, here:
Judge Harvey has
started up. "Mr Meredith, can
you hear me?"
Meredith: Yes.
Judge
Harvey: I only got the release
memo just before getting on
the bench...
AUSA has not
responded in writing. So this
is being put over to tomorrow
at 2:45 pm.
Inner City
Press put Meredith's memo on
DocumentCloud, here. And now
this, from the US response
filing on the night of January
13:
the Government
counsel filed a Memorandum in
Support of Detention (ECF 4)
on January 13, 2021, at 3:09
a.m., and was in receipt of
the defendant’s Memorandum in
Support of Relief (ECF 5) that
day at 12:09 p.m.
Argument The
defendant argues that the
interstate communication of a
threat to kidnap or injure
another person does not
qualify as a crime of
violence. This ignores the
analysis in United States v.
Santoro, 359 F.Supp. 3d 122
(D. Me. 2019), which
determined that such an
offense, as enumerated under
18 U.S.C. § 875(c), is a crime
of violence. The very threat
to injure another, it
reasoned, is a threatened use
of violent force. As is the
case here, the court noted
that “[t]he defendant has not
explained how one can threaten
to injure the person of
another without such a threat
implying the use of violent
force to do so.” Santoro, 359
F.Supp. 3d at 128; citing
United States v.
Chapman, 866 F.3d 129, 134-35
(3rd Cir. 2017) (where a
mailed threat to injure
someone under section 876(c)
amounted to a crime of
violence). Similarly, in
citing Sontoro, the same
decision was reached in United
States v. Christy, No.
3:18-CR-223, 2020 WL 2794617,
at *4 (M.D. Pa. May 29, 2020),
where the communication of
threats, including to the
President, “are clearly crimes
of violence under the Bail
Reform Act.” See 18 U.S.C.
3156(a)(4); United States v.
Choudhry, 941 F.Supp. 2d 347,
351 (E.D.N.Y. 2013)
(communication of threat to
injure another is a crime of
violence for detention
purposes).
As in the case
where a threat issued to the
President of the United States
qualifies as a crime of
violence for purposes of
detention, the same conclusion
should follow here in the
communication of a threat
against a Congresswoman.
Nevertheless, the defendant
does pose a serious risk of
flight as well. He has no ties
to this community and has a
means of transportation.
Moreover, he has exhibited an
extreme degree of hostility
against governmental
functions, ostensibly
traveling to the District with
violent intentions at a time
that coincided with a hearing
to confirm the next President
of the United States." Watch
this site.
On January 8, by
contrast, Mark Leffingwell was
released to fly back to him
home in Seattle, no GPS
monitor, no bond.
Inner City Press
covered the case.
U.S. District Court for the
District of Columbia
Magistrate Judge G. Michael
Harvey held the detention, or
really non-detention,
proceeding. Inner City Press
live tweeted it here:
(then, song here)
Now in Federal
Court in DC, hearing of
detained Mark Jefferson
LEFFINGWELL who "attempted to
push past me and other
officers. When he was deterred
from advancing further into
the building, LEFFINGWELL
punched me repeatedly with a
closed fist."
Assistant US
Attorney is *not* asking for
detention . He'll be allowed
to travel back home to
Seattle.
AUSA: We'll
be requesting strict
conditions... A stay-away from
DC... A curfew. Judge:
You say he works. What is it?
Lawyer: A packaging plant
called Panacea in Everett,
Washington. 30 to 40 hours a
week.
From the
complaint: "I was struck in
the helmet that I was wearing
and in the chest. Working with
other officers, I was able to
gain control over LEFFINGWELL,
who attempted to struggle
while being detained. I
transported LEFFINGWELL to US
Capitol Police HQ."
Judge Harvey:
Believe it or not, I have a
lot of these case. Pre-Trial
should find out about GPS in
the Districts where these
folks come from. I released
someone else yesterday.
Defense: GPS is not necessary.
He has 2 children.
Defense: He wants
to go to church on the
weekend. No need to be on a
GPS. We'll take a stay away.
He's never been to DC before.
Mrs. Leffingwell:
I'm an insurance agent. We
have a son, Noah, and
Nicholas. Judge: I am going to
release Mr. Leffingwell.
Judge: You can
turn in your guns to a police
station. You must call
pre-trial once a week and keep
working [at the packaging
plant.] Stay away from DC
except for court. Our
proceedings will be remote,
you probably won't have to
come.
Judge
Harvey: I don't see the point
of putting him on a curfew if
we're not going to do GPS.
Defense: He needs his ID to
fly back to Seattle.
AUSA: We have
nothing.
Defense: He
passed his phone to one of his
friends. I think they have his
license.
AUSA: A third
party? I can look for it.
Which agency.
Defense: He was
brought to 1-D-1, next to the
baseball field, then the cell
block.
Judge Harvey: I
am going to release Mr
Leffingwell. He must stay away
from Washington DC. [That
seems to be the main focus]
Judge Harvey:
You'll have to Zoom in to the
preliminary hearing... We've
got the phone number, no
worries, Mr. Leffingwell.
Song on SoundCloud here.
***
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