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For Molotov Cocktails At NYPD Remand By Marshals 2d Circuit Orders With Appeal

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, here, and noted even that that the forthcoming decision might turn on EDNY District Judge Brodie's failure to mention the applicable presumption.

 Now after 5 pm on June 5, this remand: "The Government moves for a stay, pending appeal, of the district court’s order releasing Defendants-Appellees on bond, subject to conditions including home detention and electronic monitoring. It is hereby ORDERED that the stay motion is GRANTED. Whether to grant a stay is “an exercise of judicial discretion” that requires consideration of the relevant factors, including, most critically, the likelihood of success on the merits and irreparable harm to the movant absent a stay. Nken v. Holder, 556 U.S. 418, 433–34 (2009) (quoting Virginian Ry. Co. v. United States, 272 U.S. 658, 672 (1926)). The United States Marshals are directed to take Defendants into custody forthwith. Defendants shall be detained pending further order of this Court. It is further ORDERED that the appeal shall be expedited. The Government shall file its opening brief no later than 11:59pm on June 10, 2020; Defendants-Appellees shall file their responsive briefs no later than 11:59pm on June 16, 2020; and the Government shall file any reply brief no 2 later than 11:59pm on June 18, 2020. The Clerk is directed to calendar the appeal with the first available panel thereafter." Full order on Patreon here. Watch this site.

Live tweeted thread of appeal argument here.

  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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