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In Jan 6 Case Brandon Fellows Loses Stand By Counsel Asks For Internet and Church Services

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

FEDERAL COURT, Jan 7 -- Months after the DC Circuit's decisions in US v. Munchel and more recently Tanios, on October 12 DDC Judge Trevor N. McFadden had before him Capitol breach defendant Brandon Fellows, who wanted to represent himself.

Judge McFadden agreed to it, albeit begrudginly. Inner City Press live tweeted it, here.

Now on October 12, Fellow argued for himself - at length - seeking reconsideration of the decision to detain him. Inner City Press live tweeted it here, podcast here.

On January 7, 2022 Judge McFadden held a proceeding, allowed Fellows' stand by counsel to withdraw. Inner City Press live tweeted here:

Brandon Fellows: I'm surprised, what you've said has been pretty accurate so far. [He's been muted until now.] I did want to mention, the form I gave you with signatures about the lack of laptops. They gave me one dead without a charger.

 Fellows: Another inmate allowed me to borrow his laptop. That was taken from me; the person is still looking to get it back. He's J.B. from California. The jail is slow even without this COVID hype.

Fellows: So seven months in I got some, maybe it will take a year after my arrest to get discovery. I finally got a shower after 10 days. We all got COVID and got over it in two or three days. I can't write or read, you just lay their like a dying senior

 Fellows: I could sign a piece of paper, they tell me, saying I did something I didn't do and I could get out. I propose a halfway house. I prefer to type rather than handwriting. The gentleman given 2 years probation in December is more intense than me.

 Fellows: I hear they're paying $350 a day to keep me here. It's a waste of money.

Judge: In terms of the bond issue, you've appealed to the DC Circuit.  Fellows: I have new evidence.

Judge: It's the COVID situation that has made it more difficult.

 Fellows: We hear Allah U Akhbar so we know the mosque is open. We would like to go to church. You could stand up for civil rights. I would love to go to church. It's been almost a year. Judge McFadden: So I understand the jail is under quarantine over Omicron

Judge: Let's talk about the lawyer's motion to withdraw. Fellows: I can answer you in 4 or 5 minutes. Judge: You say she's lying to you and lying to me. I find those difficult to believe. I'm inclined to let her withdraw and you deal with this by yourself

 Judge: Do you believe she has provided ineffective assistance of counsel to you? Fellows: Yes. But I'd like to tell you more. Judge: I'll just let her withdraw. Fellows: The court should hear more. I wanted her to corroborate my story.

Brandon Fellows: My assigned lawyer told me to say that Donald Trump told me to storm the Capitol. But that's not true. The police told me I could go in... She wouldn't send documents to me, she told me You are your own attorney.

 Brandon Fellows: I have a 6th Amendment right to counsel but I wasn't given counsel, I was given a radical leftist. Judge McFadden: I am allowing her to withdraw. [Compare to yesterday in EDNY, motion to withdraw denied by Judge Korman, here]

 Judge McFadden: Let's set a trial date. July 5?  AUSA: Fine. Fellows: I'd like to wait on that.  I wasn't given proper counsel. Judge McFadden: OK, then it will be the Fall or later.  Fellows: The government had been tyrannical. I'm cool with that. AUSA: He says he got info from his phone. But we haven't gotten into it. We seized it Jan 16. A phrase popped up, The Founding Fathers would be ashamed of you. He can lock or wipe it from his iCloud. Fellows: Incorrect! AUSA: In Dkt 60 he says he will stream again

Judge: Will you gave your passcode? Fellow: It's been a year. I might have it written down. Lost mode does not erase anything. I have video of my police-welcomed tour. AUSA: He filmed in Senator Merkeley's office. Fellows: I need temporary release to tell them

 Judge McFadden: Let's meet Feb 11 at 11 am. And on the motion for access to justice, I'm going to deny it. But I can hear more on Feb 11. AUSA runs the table on dismissing motion after motion, with Judge McFadden saying, I agree. Fellows: I disagree!

 Judge McFadden: Some of your concerns are just, kind of, unfortunately, the result of the Coronavirus lockdown. Adjourned

Meanwhile, Inner City Press now month-long attempt to gain access to the videos DOJ used in US v. Padilla before Judge Bates has run into a brick wall - this is not transparency, and we'll have more on it, and these cases.

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

Podcast here.  And Podcast II of August 19 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. 

  From January 22, song here: Thread here.

 Inner City Press' John Earle Sullivan song on SoundCloud here. 


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