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For Molotov Cocktails At NYPD 2d Circuit Asks Of Judge Brodie Not Saying Presumption

By Matthew Russell Lee, Patreon Soundcloud
BBC - Guardian UK - Honduras - The Source

FEDERAL COURTHOUSE, June 5 –  Amid protests about the murder of George Floyd, late on May 30 the U.S. Attorney for the Eastern District of New York got a complaint signed by  Magistrate Judge Sanket J. Bulsara about a Molotov cocktail attack on an NYPD vehicle. Inner City Press, which covered the protested in Foley Square and at One Police Plaza on May 29 (video here and edited here), and aftermath on Fifth Avenue on May 30, publishes the complaint (later-written song on Soundcloud).

 On June 5 the Second Circuit Court of Appeals heard the government's appeal of the release of Mattis and Rahman. Inner City Press live tweeted it, and notes that the forthcoming decision might turn on EDNY District Judge Brodie's failure to mention the applicable presumption.

 EDNY Asst US Attorney David Kessler said the Magistrate and District Judges did not rebut the presumption, and that the fact that the defendants have family responsibilities did not stop them from "the conduct." Calls it error.

Judge's question: Why are these conditions inadequate? We're not dealing with ISIS or Taliban.

AUSA Kessler: Sure, there's no foreign terrorist organization involved. Notes again that they are lawyers. Another question: Would GPS monitoring stop them from leaving the house? AUSA: No. There is extraordinary risk. They attempted to arm others.

AUSA: My time is up. Judge: You have reserved two minutes for rebuttal. Sabrina Shroff for Colinford Mattis: The government is asking for the stay of an order of two able judges, that has already been executed.

 Shroff: The judges  considered every factor and imposed conditions. Judge Park: The government argues the District Court did not acknowledge this was a case with presumption against bail. Did the District Court do that? Shroff: Yes, Magistrate Judge Gold did.

Judge Nardini: Where in the record is that? Shroff: Page 15. I said, I rebutted the presumption. Then he said he appreciated everyone's advocacy. Voice: Ms. Shroff, you have one minute.

Shroff: The Magistrate Judge said, I have reviewed everything.

 Question: Where did District Judge Brodie acknowledge the presumption?

 Shroff: Page 16. I address danger to the community. To Judge Brodie's credit, she asked me what assured the court --
Question: What line number? For the presumption? Shroff: page 16, line 12

 Shroff: She doesn't use the word presumption... But she looks at what the US asked her to look at.... She doesn't mention the presumption. But she considers danger.

Judge: There are non-presumption cases where danger is considered. Could you address this?

 Shroff: Judge Brodie says she considered the arguments. Is US saying their arguments were so defunct they didn't raise the presumption?

Judge: But she didn't say presumption.

Now Schechtman for Rahman - pro bono? - "It's not a bursting bubble presumption."

 Shechtman: She had not intent to hurt anyone. There were only 2 nearby. Judge Nardini: Where is that in the record, that only 2 other people nearby.

Shechtman: The government, I think, would admit it. Judge: So this wasn't raised below? Maybe the US has new facts

Shechtman: Since her release, there have been no issues. The other person arrested that night has 11 arrests in 11 states. [Samantha Shader? Under the bus?] "Judge Gold has been doing this for 20 years. Judge Brodie was a prosecutor."

 Kessler has 2 minutes: "They had to construct multiple firebombs. They were not swept up in the moment.

To Judge Nardini, Judge Brodie did not discuss the presumption as the statute requires her to do. Q: Were there only 2 other people around? AUSA: Not in record.

 Question: Is there any question that the presumption was in front of Judge Brodie?

A: It was in the detention memo. Judge: We'll take this under advisement.

Watch this site.

  On the afternoon of June 1, the defendants were presented before EDNY Magistrate Judge Steven M. Gold." Inner City Press covered and live tweeted it, here.

Samantha Shader did not seek bail, and is detained. Both Rahman and Mattis were ordered released on $250,000 bond - but the US Attorney sought and got a stay of release, pending appeal to the Part 1 Judge, District Judge Margo K. Brodie.

  Inner City Press live tweeted that proceeding at as well, here. Judge Brodie upheld Magistrist Judge Gold's order of release. At the end, she denied Assistant US Attorney Ian Richardson's request for a 24 hour stay in order to confer with the Solicitor General for an appeal to the Second Circuit Court of Appeals. It was confirmed that the "U.S. Attorney’s Office intends to appeal Judge Brodie’s decision to the Second Circuit," per Office's Public Information Officer John Marzulli.

 On June 2, the appeal was filed, full text on Patreon here


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