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In Jan 6 Case Thomas Sibick Won Release and Now Internet But Size of Yard to Shovel Questioned

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

FEDERAL COURT, Oct 30 -- On October 26, months after the DC Circuit's decision in US v. Munchel, DDC Judge Amy Berman Jackson had before her the case of Capitol breach defendant Thomas Sibick, seeking to re-open his detention hearing and ultimately winning release. Inner City Press live tweeted it here (podcast here) (TV Q&A here)

Now on October 26, Judge Jackson has issued an order saying among other things that Siback CAN use the Internet, but may not be able to shovel the driveway or yard, depending on its size: "MINUTE ORDER as to THOMAS F. SIBICK (1). Defendant is correct that the prohibition on the use or possession of internet-capable devices was not supposed to be included in the conditions of release and the order will be modified accordingly. The Court also agrees that it granted the defendant's request to be permitted to leave the house to go outside, and it was the Court's intention to include any yard or grassy area and not simply a porch or patio. But the Court did not have any information concerning the size of the property, nor did it have the benefit of any input from the Pretrial Services Agency in the defendant's district, so it needs more information concerning whether the activities he would like to include within the scope of the order, such as shoveling the driveway, can be accommodated with the form of GPS monitoring referenced in the order and/or whether other modifications are required, and whether those adjustments are recommended. Therefore, this Court's Pretrial Services Agency must consult with the Pretrial Services Agency in New York and inform the Court in a docketed report of that agency's views about the motion. Signed by Judge Amy Berman Jackson on 10/30/21."

From October 26: it's Jan 6 case US v. Sibick before DDC Judge Amy Berman Jackson. Sibick wants to re-open his detention. Inner City Press has been reporting on the cases (yesterday, Reffitt, here

Judge Jackson begins with the standard to re-open a detention hearing: you need new information not previously known, or changed circumstances. The case cited, though, involved remanding a defendant who he lost a suppression hearing, making him more likely to flee

 Judge Jackson recounts a case where a defendant said that taking a course in prison was enough to re-open the detention hearing - then cites judicial economy as cautioning against reopening in those circumstances.

 [Note: here  @SDNYLIVE , at least since Inner City Press now with #CourtCaseCast has been closing covering it, nearly all judges would just hear the detainted defendant's argument, and not shut him or her down so early]

But Judge Amy Berman Jackson starts with this Sibick's lawyer: There's no question it's new that his diagnosis -- Judge Jackson: I'm trying to find if I have broader authority. It was surprising to me how little authority there is out there. Speak to that. Sibick's lawyer: I don't have any cases.

Assistant US Attorney: We believe your Honor must make a finding. We haven't briefed those two cases you mentioned. But you are limited to the statute. Judge Jackson: Seems odd that a court would not always have the authority to review detention.

Judge Jackson: If you assume that the test does apply and we have to satisfy that test, the question is whether this material that was unavailable is enough. Has the US carried its burden that there are no condition that would assure the safety of the community?

 AUSA: The US position is that these letter are info that was known to the defendant. I couldn't find the cite for DC, but other jurisdictions have found that. And the, not letter, but documents from the Dept of Corrections regarding his behavior as a model inmate

 AUSA: I suppose they could be new information. But are they material? The US says no. Sibick's lawyer: I knew about the Adderall. But there was more...

 Sibick's lawyer: His mother is to the left, politically. His father, I'll tell you this, we were finishing up our dinner last night and I asked, how do you get along, one a Republican and and a Democrat? And my client's father cited Reagan and Tip O'Neill

 Sibick's lawyer: He cited Antonin Scalia and Ruth Bader Ginsburg. If you ordered them not to watch TV he would be fine with that. He would like his son home. Judge Jackson: I want to make sure there's respect for this proceeding.

 Sibick's lawyer: There was the defendant who wanted vegan food [Chansley, who had pleaded guilty here

Sibick's father (Doctor) Eugene: I have no guns. Judge Jackson: Imagine the Washington Post if I order no Fox News. So no MSNBC either. \

Sibick parent cries: I'll do anything to get him home. Judge Jackson: I see your emotion. He has a brother "under the Atlantic" in the Navy. Sibick's lawyer: I want to reiterate Mr. Sibick has gone to extraordinary lengths to separate himself from the toxic unit. He want to the hole on this own request.

Judge Jackson: I am not ruling that the Chief Judge or the Court of Appeals erred. His detention was not a disgrace to our country. Mr. Sibick's actions were. But I have to consider, if there new info. I'm going to grant the motion. There will be conditions.

 Judge Jackson: I was going to say, before I got the new submission, that you should work with a trained professional. You face trial and possible serious penalties. So participate in therapy, video is OK, but the person must be licensed, not off the wall.

 Judge Jackson: The footage does not show he was involved before or after the incident. On social media, no threats. These bear on the weight of the evidence. In Peralta, the case got stronger after he lost the suppression hearing. This is the converse.

 Judge Jackson: I am impressed by the letters from the guards. I'm not taking his word for it. He's shown me by the choice to isolate himself to separate himself from the other Jan 6 defendants. There are serious questions about the manner they are housed together.

 Judge Jackson: The allegation he had the officer's badge and radio, he has a Constitutional right to contest. But he has expressed remorse. I believe you deserve a chance. There'll only be one. The motion will be granted you'll be released to your parents' home. 

Judge Jackson: You must advise the court before any change of residence or telephone number. You're going to be placed in the custody of your father Doctor Eugene Sibick in the Western District of NY. Stay away from DC except court, and from any political rallies

Judge Jackson: You must continue your medical or psychiatric treatment. You're barred from possession a firearm and you're on home incarceration except for medical or legal. You'll submit to location monitoring and pay the cost based on your ability to do so.

Judge Jackson: No social media, no Discord, not that I think these are helping anyone these days. 

Sibick's lawyer: Can he go into the yard? Judge Jackson: Yes. And if there's an employment opportunity, not landscaping but a fixed location he can seek my approval

 Sibick's lawyer: I think it would better for him, get settled and get the therapy in place. I'm not rushing things. Judge Jackson: You know how to file a motion.  Sibick's lawyer: It might be mentally better for him to have something to do rather than sit at home.

Sibick's lawyer: They're very religious. Can he got to church once a week? Judge Jackson: Yes, once a week.

  [An off the record sidebar through Plexiglass] 

Sibick's lawyer: This way he can shovel snow, in Buffalo.

Judge Jackson: If we ever get snow again in DC Judge Jackson:  He'll be released from the facility. Adjourned.

Inner City Press previously published a song about Guy Reffitt, 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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