[AMGREATNESS] During a status hearing Friday afternoon for Timothy Hale-Cusanelli, an Army reservist arrested on January 15 for his involvement in the January 6 protest in Washington, D.C., an assistant U.S. attorney admitted the government will not meet its discovery obligations for all Capitol defendants until early 2022.While they're taking their time doing that they'll be offering plea bargains, which means they won't need a show trial.
Kathyrn Fifield, the lead attorney representing the Justice Department, informed Judge Trevor McFadden that the "incalculable" volume of video collected by the government related to the Capitol breach investigation will prevent defendants and their lawyers from accessing the full body of evidence against them for several more months. "No system exists to wrap its arms around [all this evidence]," Fifield told McFadden. This includes at least 14,000 hours of surveillance video plus thousands of hours of body-worn camera footage from law enforcement.
... which couldn't possibly be released piecemeal...
Fifield resisted setting a 2021 trial date for Hale; McFadden and Jonathan Crisp, Hale's court-appointed attorney, told the government last month that unless a plea arrangement was agreed upon, a trial would be set for later this year because Hale already has been incarcerated for more than six months.
Sixth Amendment:
In all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial, by an impartial jury of the State and district wherein the crime shall have been committed, which district shall have been previously ascertained by law, and to be informed of the nature and cause of the accusation; to be confronted with the witnesses against him; to have compulsory process for obtaining witnesses in his favor, and to have the Assistance of Counsel for his defence.
"If we do set a trial date, the government cannot meet discovery obligations until early 2022. That's a conservative estimate," Fifield said.So that means they'll be unable to prosecute, right?
Despite arresting more than 550 people since January 6, the government still has no platform for posting, sharing, and transferring digital evidence.
"Ineptitude on your part imposes no obligation on me." I dunno who said that. Maybe it was me.
"Due to the extraordinary nature of the January 6, 2021 Capitol Attack, the government anticipates that a large volume of materials may contain information relevant to this prosecution," Fifield wrote in a July 14 filing. "These materials may include, but are not limited to, surveillance video, statements of similarly situated defendants, forensic searches of electronic devices and social media accounts of similarly situated defendants, and citizen tips. The government is working to develop a system that will facilitate access to these materials."
Then again, it might not contain any evidence at all. Maybe it would be best to free the political prisoners, review the evidence, and then bring any charges warranted during the statute if limitations.
At one point, the Justice Department was sharing digital evidence on Blu Ray discs.
Rather than posting it digitally, where they have it stored (and it can be manipulated.).
Earlier this month, the department signed a multi-million dollar contract with Deloitte to create a "massive database" of evidence.
Rantburg maintains a library of 9380 images -- mostly the graphix that appear in the articles. They're accessed through a database, only a single table that contains the relevant information. My last job, before I retired, was a mouse genealogy database. Before that was personal effects of killed and wounded in Iraq and Afghanistan (and other places), again, thousands of items accessed through a single table. There were lots of other tables, but they had to do with shipping information and the victims' demographics, next of kin, case officers, that sort of thing. The prosecution could give me millions of dollars and I'd be happy to help 'em out. Probably take me a couple weeks.
But that process will take several weeks if not months.
"The still-incomplete database has sharply slowed down efforts by prosecutors and defense attorneys to hammer out plea deals for dozens, of not hundreds, of alleged rioters," Politico reported on July 9. "Several defendants have sought quick resolution of their cases only to be told by prosecutors that they must wait until the database is established."
Two weeks, three if I have to go to meetings.
Despite the lack of evidence against him, Hale has been behind bars since January. He is not charged with any
Good thing he doesn't have a better lawyer. They'd have him committed to a psych hospital. Then they could appoint a conservator with power of attorney, who could accept a fifteen year plea bargain.
An informant wore a wire to record a conversation with Hale about a "civil war" and military Sherlocks interrogated nearly four dozen of Hale's co-workers about his alleged "white supremacist" views. (My column explaining the case here.)
We're in the midst of a "civil war" right now. Hale should be asserting rights under the Geneva convention. But since he was unarmed and didn't belong to an organized militia, he has to be regarded as a civilian.
Hale was transported to at least five different prisons before arriving in early February at the D.C. jail specifically used to detain January 6
They’re hoping for plea bargains.
On July 7, the D.C. Circuit Court denied Hale's appeal seeking release.
McFadden scolded the government for its backwards process. "You would not arrest [someone] then gather evidence later. That's not how this works."
When Fifield said full discovery is in the best interest of the defendant, McFadden shot back: "Freedom also is important to the defendant."
The Trump-appointed judge raised concerns over Sixth Amendment violations. "This does not feel what the Constitution [and] the Speedy Trial Act envisions."
It's what it's supposed to protect against.
Despite the government's confession that it is not prepared to make its case against Hale, McFadden set a trial date of November 9, 2021. (He did not release Hale, who has no criminal record, from prison.)
"No January Sixer should be made to suffer in a jail cell while the DOJ continues to delay discovery simply because it can," one defense attorney told me by text this afternoon. "This is unprecedented, unreasonable, unconstitutional, and wrong."
Related:
January 6: 2021-07-29 It can't happen here? It is happening here!
January 6: 2021-07-28 Insurection Theater Begins
January 6: 2021-07-28 George P. Bush Fails to Win Donald Trump Endorsement
January 6: 2021-07-29 It can't happen here? It is happening here!
January 6: 2021-07-28 Insurection Theater Begins
January 6: 2021-07-28 George P. Bush Fails to Win Donald Trump Endorsement
Related:
Trevor McFadden: 2019-06-04 Judge rejects House Democrats' attempt to block Trump use of military funds for border wall
Trevor McFadden: 2019-05-25 Judge Raises Serious Questions About Democrats' Border Wall Lawsuit
Trevor McFadden: 2017-12-13 Federal Judge Recuses Herself From Second Fusion GPS Case
Trevor McFadden: 2019-06-04 Judge rejects House Democrats' attempt to block Trump use of military funds for border wall
Trevor McFadden: 2019-05-25 Judge Raises Serious Questions About Democrats' Border Wall Lawsuit
Trevor McFadden: 2017-12-13 Federal Judge Recuses Herself From Second Fusion GPS Case
