Read on Twitter
A detention hearing is about to start in federal court in Arkansas in the case of Richard Barnett, the man photographed sitting in Nancy Pelosi's office (see: https://www.buzzfeednews.com/article/salvadorhernandez/pelosi-desk-guy-capitol-charged). He's been in custody since his arrest
Prosecutors alleged Barnett was carrying a stun gun. He's charged with entering a restricted area w/ a weapon, violent entry/disorderly conduct, and theft. There isn't anything on the docket indicating what the govt/Barnett will be seeking as far as detention v. release
We're still waiting for the Richard Barnett detention hearing to start in Arkansas. Meanwhile, follow @o_ema for updates on initial appearances in DC federal court today for a few of the Capitol insurrection arrestees --> https://twitter.com/o_ema/status/1350151539399168001
Richard Barnett's detention hearing is underway in Arkansas — Judge Erin Wiedemann will decide if Barnett should stay behind bars. The first witness is FBI special agent Jonathan Willett, who was involved in the Capitol riot investigation
FBI agent walks the judge through surveillance videos that the agent says show Barnett walking in and out of Nancy Pelosi's office, with a "walking stick Taser" on his hip, as well as the widely disseminated photos of Barnett sitting in Pelosi's chair with his feet up
FBI agent now presenting evidence of Barnett buying the "walking stick Taser" on 12/31 (receipt + surveillance footage from the shop + opened packaging found during a search). Agent said Barnett also purchased pepper spray and two-way radios during that shop.
FBI agent says Barnett confirmed he owned firearms, and the government shows a photo of Barnett kneeling holding a gun, alongside two children (one of whom is holding a very large gun that the agent says appears to be an assault rifle)
Govt shows video of Barnett outside the Capitol holding up the letter he took from Pelosi's office and saying he left a message that read, "Bigo was here, you bitch." Also showed footage of Barnett from a Nov. "Stop the Steal" rally saying "whatever it takes, whatever it takes"
Barnett's attorney Anthony Siano is cross-examining the FBI special agent. He asks about the agent's background and the timeline of the investigation into Barnett; agent says it started Jan. 6th (the day of the riot) when they got word someone from Arkansas may have been involved
Siano notes the agent kept referring to Barnett taking a "letter" from Pelosi's office, and asks if the agent knew it was an empty envelope. The agent says he didn't know what was inside because it was a sealed envelope
Siano has the agent confirm Barnett reached out to law enforcement the night after the riot (not totally clear who he contacted) about self-surrendering. FBI agent says he assumed Barnett assumed the FBI was looking for him, b/c the FBI hadn't notified they were looking to arrest
On redirect, re: the defense's questions about Barnett offering to self-surrender to law enforcement the night of the riot on Jan. 6, the prosecutor asks the FBI agent if Barnett turned himself in as soon as he got back to Arkansas from DC. The FBI agent says no.
FBI agent had noted that Barnett said in his interview after surrendering that he had guns but had recently moved them. Judge asks the FBI agent if Barnett told them where the guns were, and the agent says no he did not
We're now hearing from defense witnesses who know Barnett and are testifying that he's trustworthy and not a threatening person
The detention hearing for Richard Barnett is still going, but jumping over soon to the detention hearing in federal court in Phoenix for Jacob Chansley, the "QAnon shaman" charged in connection with the Capitol insurrection, see: https://www.buzzfeednews.com/article/zoetillman/trump-mob-capture-assassinate-jacob-chansley
Prosecutors said in a memo in Chansley's case that there was evidence of plans by rioters to "capture and assassinate elected officials," but today the DC US atty said there wasn't "direct evidence of kill-capture teams," so we'll see how that gets handled https://twitter.com/SalHernandez/status/1350148345063378944
The Chansley detention hearing is underway. His lawyer says he hasn't had a chance to go over the six-count indictment that was returned against him yet ( https://www.justice.gov/opa/page/file/1352916/download), so the judge is starting by doing a formal reading of that
AUSA Todd Allison begins by reiterating that they're seeking to hold Chansley on the grounds that he's a flight risk and poses a danger to the community. Says he was among the first to go into the Capitol, carrying a spear, refused to turn around when asked by Capitol police
Chansley later said he didn't intend the note he left on the Senate dais — "it's only a matter of time, justice is coming" — as a threat, but Allison argued that it was given the context of everything. Also argues he's a flight risk and "not connected to reality"
The government isn't asking for a competency hearing for Chansley, but argues that his worldview is dangerous and his disconnect from reality means he couldn't be relied on to abide by any conditions of release that the court might impose
Okay here it is: Allison asks to strike the line referring to an intent by the rioters "to capture and assassinate elected officials." He says it "may very well be appropriate at a trial ... and may very well characterize the evidence and his intent that day"
Allison says they're asking to strike it now because they don't want to mislead the court by getting into a discussion now about the strength of the evidence they have now backing up that allegation
Chansley's lawyer Gerald Williams is arguing for release, says there are conditions that would ensure safety of the community — Williams argues no criminal history, didn't engage in dangerous conduct, has deep community ties, and his notoriety now would help ensure compliance
Williams notes that pretrial services agrees that there are possible release conditions that would be appropriate for Chansley
Govt argues GPS monitoring not enough — AUSA says it's true Chansley spoke to the FBI after Jan. 6, but during the interview said he planned to go back to the US Capitol as well as the AZ state capitol, and a GPS monitor alone wouldn't stop him from traveling
Chansley's lawyer argues that he had plans to go back to DC/to the AZ capitol before his arrest, and there's no evidence he still plans to go if released and ordered not to. Judge is taking a short break and then will come back to announce her decision.
Judge is back on the bench and will announce her decision about whether to continue to hold Jacob Chansley going forward
Judge in Jacob Chansley's case says the sentence in the govt's brief that she's thought about most wasn't the one that got struck, but rather the one that stated he was an "active participant in ... a violent insurrection that attempted to overthrow the United States Government"
Judge: "This is not a protest, this is a riot, this is an insurrection." She also agrees with the govt that w/out costume, Chansley becomes hard to identify, and that he refused to comply with orders from Capitol police to disperse from the Capitol
Judge: "He intended his actions to stop the process of peaceful transition of power" and were "frightening" not just to those in the Capitol, but people across the country
Judge: "His actions and words demonstrate he’s willing to participate in the violent disruption of the work of our government," and she says she has "no confidence he will follow my court orders"
NOW: A judge has ordered Jacob Chansley, known as the "QAnon shaman," held in custody while his case goes forward, agreeing with the gov't that he is a flight risk and a danger.
"He will take the law into his own hands and will not respect the United States' law."
"He will take the law into his own hands and will not respect the United States' law."
Chansley tries to speak after the judge announces her decision, but she stops him, saying that it is for his lawyer to address the court and generally not advisable for the defendant. Chansley's lawyer says he'll speak with his client.
STORY: Federal prosecutors walked back their claim that there was evidence Capitol rioters intended to "capture and assassinate elected officials," but it ultimately didn't hurt their effort to keep an Arizona man known as the "QAnon shaman" behind bars https://www.buzzfeednews.com/article/zoetillman/trump-mob-capture-assassinate-jacob-chansley
Meanwhile, closing the loop on the hearing that began earlier this afternoon on Richard Barnett, the man photographed sitting in Pelosi's office --> https://twitter.com/joshgerstein/status/1350223345753575427
New: The chief judge of the DC federal court has temporarily halted a ruling by a judge in Arkansas that would allow Richard Barnett — the man photographed sitting in Pelosi's office — to go free pending trial. He'll be transferred to DC pending a review of the detention decision
Many defendants in the Capitol riot cases are having their initial court appearances wherever they were arrested, but ultimately all of these cases are being prosecuted in DC federal court, which is how we have a situation where a judge in DC can halt a decision from Arkansas
