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In DC Insurrection Case Baked Alaska Gionet Can Continue YouTube Provocation But Must Report

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

FEDERAL COURT, June 4 – 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.

  On June 4, months after the DC Circuit's decision in US v. Munchel, DDC Magistrate Judge G. Michael Harvey a proceeding  on Tim "Baked Alaska" Gionet, who while awaiting trial in DC is in Arizona. Inner City Press live tweeted it here
 (Gionet's letter including BuzzFeed reference on Patreon here)

US v. Tim "Baked Alaska" Gionet. US is seeking move to home detention, based on alleged violations of terms of release.

Arizona Pre-Trial: We don't know much.

Magistrate Judge Harvey: So who is requesting the modification? DC Pre-Trial: We are. There have been contacts with police in Arizona. His behavior is concerning at this time. Currently he does not have to report his contacts

 DC Pre-Trial: We believe there are safety issues with the defendant's recent behavior. There is video. There are concerns about supervising officers visiting his residence. He was taken off location monitoring on March 31. Since then he's appeared to give threats

 [This Pre-Trial presentation is vague and halting.] DC Pre-Trial: He has been barred from going to a Starbucks in Arizona for one year. We want him back on location monitoring.

DC Pre-Trial: The video that has been provided to the court, the posted YouTube video, we want him to not post video. He is out in the community as a YouTuber... This could escalate.  Judge Harvey: Does he have a curfew? DC Pre-Trial: No.

Judge Harvey: Did anything he did violate his current conditions of release? DC Pre-Trial: No. Arizona Pre-Trial: The video he posted and took down, he is exploiting those around him. He is trying to agitate, anger and offend. So people will comment on it.

 Arizona Pre-Trial: He had three negative law enforcement contacts. He is filming police, he is playing songs for them, trying to provoke anger and frustration in Tempe, Arizona, a large college town.

Pre-Trial: On the video he says, "You're a b*tch, why don't you fight like a man?" Judge Harvey: Have you visited his home? Pre-Trial: No, due to COVID, no home visit for months. Gionet's lawyer: There have not been any violations. He has a firearm but so what?

 Gionet's lawyer: The mentioning of "negative police contact" is of concern to me as a defense lawyer. It is untrue. He is the one who contacted police, after his friend had hit him. The trespass in the Starbuck? As soon as he was told to leave, he left

Judge Harvey: I thought he was barred, that he went in and played an offensive song and was told to leave. Gionet's lawyer: Exactly. He doesn't drink or do drugs. It's the person who hit him who was drinking. He's being hauled in for what he does to make money

 Gionet's lawyer: It would violate his due process rights to change his conditions based on him not violating any conditions. It's ridiculous. The new probation officer has simply never visited. The previous one [name mentioned, we are not publishing] did 10 times

 Gionet's lawyer: It's not a bad thing to have contact with law enforcement. This request is a message to him to never contact law enforcement, even when he needs to. He has fans but he also has enemies.

Judge Harvey: Does he have a job? Or is his job making videos? Gionet's lawyer: Videos are his job. To order him to stop would taken away his income. He started working for BuzzFeed six years ago.

AUSA: He should feel free to call the police if he is in danger. AUSA: But in this case, he filmed the whole encounter and monetized it. He later told police it was a mistake to call them. He was trying to create viral content with unwitting law enforcement, as extras if you will.

 AUSA: The defendant's friend was drunk, and asks about driving. He offers him a Steel Reserve - it's a malt liquor, if you don't know - and the friend went out with it. The defendant is abetting.

 Gionet's lawyer: I don't know why we're here today. Judge Harvey: We're here because you filmed the whole thing. I watched the 30 minute video. You wanted to get a rise out of him and he did, in a moving car. That's dangerous conduct.

Judge Harvey: I am going to grant in part Pre-Trial's request. You will report all contacts with police, and have no gun in your house. You want to provoke people to engage in assaultive conduct.  I saw you said you were concerned you were on release. That's good

 Judge Harvey: I'm not going to preclude you from making any more YouTube videos. I'd read any reports sent to me. And I'm not going to put you back under house arrest, at this time. But if you engage in a fight in the future... Do you understand? Gionet: Yes.

Judge Harvey: I don't have any problem with Pre-Trial raising these issues. I don't know what that was all about, calling the police for a prank.  Gionet's lawyer: People call the police on him, falsely. But he has contact. Judge Harvey: He'll have to report it
Judge Harvey: I'll issue an order.

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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