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Spotted at the U.S. Capitol insurrection with his mother and hopping around the Senate while holding tactical restraints, so-called “zip tie guy” Eric Gavelek Munchel's bail hearing is about to begin.
Live-tweet ahead, for @LawCrimeNews. https://lawandcrime.com/u-s-capitol-siege/zip-tie-guy-who-invaded-the-capitol-with-his-mom-should-remain-jailed-ahead-of-trial-feds-say/
Live-tweet ahead, for @LawCrimeNews. https://lawandcrime.com/u-s-capitol-siege/zip-tie-guy-who-invaded-the-capitol-with-his-mom-should-remain-jailed-ahead-of-trial-feds-say/
A preview for today's detention proceedings is linked at the top of the thread.
Please read it for background for what's up ahead.
Please read it for background for what's up ahead.
A 5-year-veteran FBI special agent is testifying now.
The FBI agent says that he participated in the surveillance and search of Munchel's house in Nashville.
Court papers show what authorities said they found.
Left: Tactical vest with a “Punisher” comic book and Tennessee “thin blue line” patches.
Center: Five pairs of white plastic handcuffs.
Right: A baseball cap depicting a rifle and a flag
Left: Tactical vest with a “Punisher” comic book and Tennessee “thin blue line” patches.
Center: Five pairs of white plastic handcuffs.
Right: A baseball cap depicting a rifle and a flag
The FBI agent describes the restraints as ones "typically used by law enforcement officers to detain individuals."
The FBI agent is now describing the weapons found in Munchel's house, including a drum-style magazine.
Service advisory:
The agent is barely audible over the line. The general contours of his testimony are clear, but exact quotes may be difficult to hear.
I did not catch his name.
The agent is barely audible over the line. The general contours of his testimony are clear, but exact quotes may be difficult to hear.
I did not catch his name.
(Inchoate screaming on the public phone line.)
The FBI agent's testimony continues even as that inchoate screaming continues in the background, making it inaudible.
Reaching out to court personnel to see if that line can be muted.
Reaching out to court personnel to see if that line can be muted.
The court resolved the conference line issue, where those listening in are now (thankfully) muted.
The FBI agent is being cross-examined by Munchel's federal defender Caryll S. Alpert.
Alpert reviews the video footage of Munchel and his mother, Lisa Eisenhart.
Q: "At some point, he says he's not going to go into the Capitol with weapons."
A: That's correct.
Q: "At some point, he says he's not going to go into the Capitol with weapons."
A: That's correct.
Alpert says they stashed the weapons in a backpack.
She says Mr. Munchel's mother mingled with the Oathkeeper member first.
The agent says he does not recall which order.
She says Mr. Munchel's mother mingled with the Oathkeeper member first.
The agent says he does not recall which order.
Alpert: When they walk into the Capitol, they walk in through an open door, yes?
The FBI agent agrees.
The FBI agent agrees.
Alpert asks the number of agents assigned to the Capitol riots case.
He doesn't know.
He doesn't know.
I had to step away for a bit:
Find out what you missed on the feed of my colleague @ColinKalmbacher.
We're tag-teaming coverage on this story too.
Find out what you missed on the feed of my colleague @ColinKalmbacher.
We're tag-teaming coverage on this story too.
Judge finds that the government established probable cause.
They move onto detention arguments.
They move onto detention arguments.
AUSA Schrader: "He wasn't solely going in there to protect his mother."
Munchel wanted to "rise up," the prosecutor says.
He notes that they packed tactical gear and a taser, driving from Nashville to Washington, D.C.
Munchel wanted to "rise up," the prosecutor says.
He notes that they packed tactical gear and a taser, driving from Nashville to Washington, D.C.
Schrader says they knew they would go "straight to federal prison" if they went into the building with weapons.
He quotes Munchel: “We ain’t playing fucking nice no god damn more.”
“Fucking ready to fuck shit up,” he added later, the prosecutor notes.
He quotes Munchel: “We ain’t playing fucking nice no god damn more.”
“Fucking ready to fuck shit up,” he added later, the prosecutor notes.
Schrader quotes Munchel's remarks upon discovering the flexicuffs:
“Zipties. I need to get me some of them motherfuckers.”
“Zipties. I need to get me some of them motherfuckers.”
Schrader describes Munchel's antics in the Senate chamber: "This was the place where, moments earlier, the Vice President was counting the votes."
Prosecutor Schrader: "There is every reason to think the defendant and his mother would have put those flexicuffs to use if they found lawmakers" in that room.
Schrader: "This is a person who rejects the result of the 2020 election. Fair enough."
That's his 1st Amendment right. But also:
"This is someone who demonstrated that he is ready to suit up in body armor" and go into Congress to prevent President Biden from taking office.
That's his 1st Amendment right. But also:
"This is someone who demonstrated that he is ready to suit up in body armor" and go into Congress to prevent President Biden from taking office.
Schrader: "This is a violent act that Mr. Munchel did."
Referring to Munchel's quoted remarks, the judge asks: "Is there any evidence that he 'fucked any shit up'?"
The prosecutor replies he has no evidence Munchel destroyed property.
The prosecutor replies he has no evidence Munchel destroyed property.
Schrader: "I don't see any reason why Mr. Munchel's views here would have abated."
"He clearly possesses views that are extreme if he's willing to engage in that sort of conduct," particularly since we do have a different president.
"He clearly possesses views that are extreme if he's willing to engage in that sort of conduct," particularly since we do have a different president.
Judge: You're not suggesting that we detain him simply because he has views, right?
A: Of course not.
It's because he acting on those views in the "most extraordinary way I can conceive," Schrader says.
A: Of course not.
It's because he acting on those views in the "most extraordinary way I can conceive," Schrader says.
Munchel's defense attorney is now up.
The defender says that people went to the Capitol for a variety of reasons and should be judged as an individual, rather than the group.
Judge: "Isn't that the risk when you make yourself a part of that mob?"
Judge: "Isn't that the risk when you make yourself a part of that mob?"
Defense counsel Caryll S. Alpert calls it "unfortunate" that the photograph of Munchel made him a "poster child," but she claims that it doesn't represent who he is.
U.S. Magistrate Judge Jeffery S. Frensley is giving the prosecution a very hard time.
Govt: It "strains credulity" that anyone would allow someone like Munchel, with a Taser and "dressed like that," inside the Capitol.
"They had no remorse for that," he notes.
"They had no remorse for that," he notes.
The judge says that he's going to review the videotapes before making a decision.
Returning to session, the judge thanks the attorneys for their arguments in a preamble to his decision.
Judge: "In our society, liberty is the norm, and detention before trial" is the "exception."
The judge "does not accept" the government's view that Munchel is a flight risk.
