| For Molotov Cocktails At
NYPD Now EDNY Indictments After 2d Circuit
Remand
By Matthew
Russell Lee, Patreon Soundcloud
BBC
- Guardian
UK - Honduras
- The
Source
FEDERAL
COURTHOUSE, June 12 –
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 see below.
Now a
grand jury in
the Eastern
District - not
in Brooklyn
but in Central
Islip - has
issued
indictments:
"Two
indictments
were returned in
federal court
in Central
Islip, New
York, charging
Samantha
Shader, and
co-defendants
Colinford
Mattis and
Urooj Rahman
in connection
with their
alleged
attempts to
use improvised
incendiary
devices,
commonly known
as “Molotov
Cocktails,” to
damage and
destroy New
York City
Police
Department
vehicles
during
protests this
past
month.
The
seven-count
indictments
each charge
the defendants
with the use
of explosives,
arson, use of
explosives to
commit a
felony, arson
conspiracy,
use of a
destructive
device, civil
disorder, and
making or
possessing a
destructive
device.
Richard P.
Donoghue,
United States
Attorney for
the Eastern
District of
New York,
William F.
Sweeney, Jr.,
Assistant
Director-in-Charge,
Federal Bureau
of
Investigation,
New York Field
Office (FBI),
and Dermot F.
Shea,
Commissioner,
New York City
Police
Department
(NYPD),
announced the
charges.
“Amid largely
peaceful
demonstrations
taking place
on the night
of May 29,
2020, these
defendants
allegedly
hurled Molotov
Cocktails at
NYPD vehicles
without regard
for the
potentially
deadly
consequences,”
stated United
States
Attorney
Donoghue.
“Such criminal
acts should
never be
confused with
legitimate
protest. Those
who carry out
attacks on
NYPD Officers
or vehicles
are not
protesters,
they are
criminals, and
they will be
treated as
such.” “A
little more
than a week
after their
arrests,
Shader,
Mattis, and
Rahman have
been charged
with
seven-count
indictments in
response to
their
potentially
deadly
attacks." Watch
this site.
On June
5 Inner City
Press 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
June 2,
the appeal was filed, full
text on
Patreon here.
***
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