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SDNY COURT, Feb 23– During closing arguments of the impeachment trial in the U.S. Senate, insurrectionist Thomas Edward Caldwell was ordered detained until trial by District Judge Amit P. Mehta. Inner City Press live tweeted it, here and below. (US v. Caldwell affidavit on Patreon here).

 Now on February 23 ex NYPD officer Homas Webster who was present at the Capitol smashing a barricade with a flag pole and attacking an ooffier, was ordered detained pending trial. Inner City Press live tweeted it here
(and just after the proceeding, the US Complaint, on Inner City Press' DocumentCloud, here)

Before SDNY Judge Andrew E. Krause, it's US v. Webster.

 Judge Krause: State your full name and age. A: Thomas Webster, 54. I have some college, a few credits short of an Associates degree.

AUSA: Mr. Webster surrendered to FBI yesterday. Judge Krause:  Can we get Agent Patricia Norton to swear to this Rule 5 affidavit? Agent Norton: Yes. Judge Krause: Mr. Webster, you are charged with 6 violations. Impeding and obstructing officers, with weapon

Judge Krause: There is body cam video, and open source video. Defense lawyer: I don't have a copy of the affidavit. But we can proceed. We waive the identity hearing.

AUSA: We are seeking detention of Mr. Webster. Webster's lawyer: We will be making a bail argument. Judge Krause: I have reviewed three videos. Body cam from officer identified by initials. And a video from YouTube, URL is in paperwork  [Where?]

 AUSA: I expect the defense to argue that now that President Biden is in office, the danger is passed. But that is not true. AUSA: Mr Webster faces 5 years, even if he pleads. As a Marine, he swore to uphold the Constitution. But he didn't. He turned himself in without his phone, and claimed he lost the jacket. Kindergarteners do that, not adults.

Webster's lawyer: 20 years with the police department, they don't give him any credit for that. He wasn't part of any organization. Except for the video, he is no danger. He's done a terrific job as father of three. He came forward on his own.

 Webster's lawyer: Pre-Trail recommends he be released on an unsecured bond. He has lived a good life, financially stable, terrific marriage. He has a right to fair bail.

Judge Krause: Let's dispense with the hyperbole and the florid language. He may well have last his jacket. And the notion that he should get bail because he surrendered, that's not the standard either. It's not a big thumb on the scale.

AUSA: It's fair to note Mr. Webster's service as a Marine, and with the NYPD. But it cuts both ways. He should have known better. And most of the violent ringleaders of the riot were people with military experience.

 Judge Krause: The conduct on the video does shock the conscience. Particularly because of his proud track record as a public servant. I greatly value the service of our armed forces and domestic law enforcement. As a public servant myself... Judge Krause: I am perplexed by comparing the resume to this video - a person who flat out attacks a law enforcement officer, verbally which is not a crime, then with a metal pole. The pole gets bent. Then he charges through the barricade...

Judge Krause: When he was with NYPD, I imagine he would have wanted a flag pole swinger to be arrested. Webster: Can I speak? Judge Krause: Speak to your lawyer - generally, not a good idea to speak for yourself. We'll set up a break out for 10 minutes.

They're back. Webster's lawyer: With the NYPD, he never fired his service weapon. And this was his first protest. The video exchange between him and the officer was precipitated by him being punched by the officer.

 AUSA: Yes, Mr. Webster says he was struck. He have acquired the full body cam footage. We watched 10 minutes before and there's nothing in there to suggested Mr. Webster was struck by anyone. It's a self serving statement, likely a fabrication

 AUSA: That he never fired a shot, I commend him for restraint- but we have every reason to believe he had a gun in the Capitol. 1st protest? I'm not saying he couldn't express his views, no matter how misguided. But protecting the Constitution? Doesn't hold water

Judge Krause: You have the right to free speech. But what we see in this video goes beyond that, moves into criminal activity. [AUSA said, It broke bad, really bad.]

Judge Krause: On balance, under each factor. 1st, the charges here strongly support detention. Judge Krause: On the other hand, his history weighs for release. He's a business owner, a valuable member of society in his prior public service. And Pre-Trial recommends release. At the end of the day, the danger is real. He poses a danger.

 Judge Krause: I am detaining him as a danger, not on risk of flight. I remand him to the custody of the AG. He has the right to appeal to a District Judge at some further point.

 OK, it's done - former NYPD officer Webster is being detained pending trial in DC.

We'll have more on this.

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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