FEDERAL COURT,
Sept 7 --
Months after
the DC
Circuit's
decisions in
US v. Munchel and more
recently
Tanios, on September
7 DDC Judge Royce C.
Lamberth
had before him
Capitol breach
defendant Duke
Edward Wilson -
to change his
plea to
guilty, with a
guideline of
41 to 51
months.
Inner
City Press
live tweeted
it here
- and its
podcast here:
Judge Lamberth: The statutory fine
could be $250,000 and $200 for the two
felonies, mandatory, and restitution of $2000.
Do you understand? Wilson: Yes.
Judge Lamberth: Let's have a brief
description of the plea agreement. Defense:
The guideline range is 41 to 51 months. Judge
Lamberth: Mr Wilson, do you have any
questions? Wilson: I have no more questions.
Judge Lamberth: I have before me a
Statement of Offense. [Here
@SDNYLIVE , the allocutions are done orally,
by the defendant. Not so in DDC - Judge just
asks, did you read this and is it what really
happened?] Wilson: Yes.
Judge Lamberth: I enter a plea of guilty to
Counts 3 and 7. I'd like to know more about
your background, to know if you should remain
at liberty [pending sentencing] Defense:
He has resided in the Boise area, a bit of
acreage, but worked on pipelines around USA.
Defense: We keep in great contact. He
has a history of following rules. I'm not sure
what else I can tell you. He has serious
commitments here in Boise and in the
neighboring area. Lamberth: Defendant
will remain at liberty, he will not pose a
risk
Judge Lamberth: What's the 75th day for
sentencing? I don't know if we'll be in court
or by video. Defense: We'd prefer Zoom from
here. Deputy: Nov 22 at noon. Adjourned
On Kenneth
Harrelson on
August 5,
Inner City
Press filed a
letter and
motion with
Judge Mehta, on
its
DocumentCloud
here.
On August
16, this:
"Judge Mehta
is in receipt
of your email
requesting
access to the
videos filed
in United
States v.
Harrelson, No.
21-cr-28-10.
Under Standing
Order No.
21-28, in
order for the
court to grant
Inner City
Press access
to the videos
filed in Mr.
Harrelson’s
case, you will
need to file
an application
for access
pursuant to
D.D.C. Local
Criminal Rule
57.6."
That rule provides:
"Any news
organization
or other
interested
person, other
than a party
or a
subpoenaed
witness, who
seeks relief
relating to
any aspect of
proceedings in
a criminal
case... shall
file an
application
for such
relief with
the Court. The
application
shall include
a statement of
the
applicant's
interest in
the matter as
to which
relief is
sought, a
statement of
facts, and a
specific
prayer for
relief."
So,
citing the
Rule, Inner
City Press
filed another
letter, one page,
docketed
here
Now on
August
19, it's been
granted (shouldn't
have been
necessary):
"MINUTE ORDER
as to KENNETH
HARRELSON (10)
granting Inner
City Press's
343
Application
for Access to
Video
Exhibits. The
United States
shall make
available to
Inner City
Press the
video exhibits
entered into
evidence
during the
detention
hearing of
KENNETH
HARRELSON
(10),
consistent
with the
procedures set
forth in
Standing Order
21-28. Inner
City Press is
granted
permission to
record, copy,
download,
retransmit,
and otherwise
further
publish these
video
exhibits.
Signed by
Judge Amit P.
Mehta on
8/19/2021."
So now,
immediately,
put on Inner
City Press'
YouTube, video here
Similarly,
Inner
City Press
asked DOJ and
then Judge
Timothy Kelly
for access to
the videos
that DOJ had
shown to the
court in the
case: judicial
documents
that, under
case law, must
be made
available to
the public. But
it was denied
access, on the
theory that
Judge Kelly's
order earlier
in the month
limited access
to these judicial
documents to a
particular
sub-set of the
public.
Inner
City Press on
July 27 wrote
to Judge
Kelly,
including in
the form of a
motion, now on DocumentCloud, here.
By noon the
next day, July
28, nothing -
no responses,
no response.
We'll
have more on
this. For now,
podcast here;
music video here.
Inner
City Press
live tweeted
Riley June
Williams on
January 25, here.
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