OK - #insurrectionBlues case of woman who took Pelosi's laptop, Riley June Williams, is back on - US is asking for detention. Inner City Press has covered it http://www.innercitypress.com/ddc7rileywilliamsicp012521.html and will live tweet, thread below. For now, song: https://soundcloud.com/innercitypress/jeffrey-sabol-insurrection-blues-iii-by-matthew-russell-lee
DDC Magistrate Judge Faruqui says the case is serious, and asks why the US Attorney's Office is not seeking detention.
AUSA: I'm uncomfortable discussing the facts of the case at this time when there's an ongoing investigation.
Judge Faruqui: As much as I want to understand what's going on, the conduct alleged, I am bound by what you've set as the ceiling. Pre-trial thinks counseling would be helpful. What are the new conditions you seek?
AUSA: that she "not be allowed use of a computer"
Pre-trial services: I was able to reach out to Middle District of Pennsylvania, they would be able to supervise this.
Mr Kramer, Williams' lawyer who had another call yesterday at 3 pm: Ms. Williams agreed to waive her right to a preliminary hearing for this deal
Kramer: I've confirmed that Washington will not be seeking to detain her based on what they currently know. She consented to the search of her vehicle, which is currently impounded. They seized all her electronic devices. Her mother has a phone.
Kramer: Even TVs have access to the Internet. She hasn't done anything since she turned herself in and was arrested. She would like to look for employment. How could she Zoom in to court? For now, Federal Defenders are making an accommodation.
Judge Faruqui: In the child exploitation context, there are carve outs [to Internet restrictions] for legal representation... I heard that refrigerators have the Internet, I found out from my wife that ours doesn't, we're not smart enough for that
Judge Faruqui: This coveted laptop was stolen and was going to be sent to a foreign intelligence service. Also she tried to show people how to cover it up.
Kramer: She is presumed innocent.
Judge Faruqui: US v. Kent, we are consider the weight of the evidence
Kramer: She does not have the computer. She is charged with aiding and abetting. A lot of the allegations come from a person who wants revenge on Ms. Williams. There is a case in Pennsylvania, she is seeking a restraining order.
Kramer: Not having internet would make it difficult to seek the restraining order. Or to get mental health counseling. She is not planning to get a computer, it is too expense. She does plan to get a phone. She does not mind monitoring software.
Kramer: You can't get a job without having Internet.
Judge Faruqui: This seems like a story from "The Americans." Is there a megaphone being pointed at her to make her do bad things? How can she get mental health treatment?
AUSA: Monitoring is difficult.
AUSA: This defendant has a history of deleting her accounts, and telling others to delete messages. The instruction to the other party came up after the appearance in Pennsylvania. So we are seeking stronger restrictions. She could use a flip phone, calls only
AUSA: We are concerned that going forward she gets a device, it is easy to hide and harm can be done instantaneously in the cyber world.
[Note: it seems that DOJ might well have gotten Williams detained, like Sabol, if they had asked. But they are not asking]
AUSA: If she can't get a job without the Internet, strike the employment condition - we'd prefer that.
Kramer: I think her mother has an iPad. Can I go into a break-out room, or whatever, with my client?
Judge Faruqui: You pretend not to understand tech. Sure.
Kramer is back: Ms Williams has not used her mother's iPad. She had used her phone, to check her email... The deletions were not intend to obstruct anything. I think information that they were is coming from that same person.
Kramer: Remember, she gave up her right to a preliminary hearing in exchange for these conditions of release. I'm not sure what the authority for these restrictions is. And it's not practical. Where would her mother store her own phone and iPad?
Judge Faruqui: I don't think the DOJ has every prosecuted this number of cases in this short a period of time. It is of concern to the country... Ms. Williams, you're going to have your moment.
AUSA: When we first negotiated, we did not know there were devices in where she is living. Now we know more - so this is in lieu of seeking pre-trial detention. If the defense is not going to agree...
AUSA: I'm primarily a cyber prosecutor. I'm not saying these conditions are de rigueur, but they do occur. We're saying, no web-enabled cell phone in the home.
Judge Faruqui: Setting aside the national security nexus, I don't have another of this genre of case...
Judge Faruqui: There are allegations of obstruction of justice, that squarely fits what I have to consider. We have to have limitations on her Internet use. And I can't order Federal public defenders to share space. But I won't limit her to a flip phone
Judge Faruqui: I am going to trust Ms. Williams. And I am going to trust the third party custodian, as I did in a recent case of intrusion on the White House grounds (and the custodian did call in). I trust Mr Kramer. The alternative is catastrophic.
Judge Faruqui: Ms. Williams, you can only use the Internet for legal defense and mental health treatment. If you find a job where you need the Internet, have Mr. Kramer file a motion.
[Inner City Press will be monitoring this docket]
Judge Faruqui: Ms. Williams, I see you want to speak. But speak to your lawyers first.
Kramer: So no condition that she seek or maintain employment?
Judge Faruqui: Yes.
Other lawyer: She needs a few clarifications. Can she use her mother's Internet phone?
Judge Faruqui: Her mother needs to make sure she is not using the Internet part of the phone... You have five days to get a phone. The custodian has to be present for every call.
Judge Faruqui: A job in social media that gave rise to this conduct, might not be a good idea.
Kramer: To watch TV, you are accessing the Internet. But it is not two-way. There is nothing she can send out. If she is allowed to watch TV...
AUSA: You can install Firefox on Roku and get on Discord...
Judge Faruqui: This is a TV at her mother's house?
Kramer: I didn't want this public. But now it's out there.
Judge Faruqui: We can all go into a breakout room.
[And they do. cc @rcfp @FUNCA_info
They're back, the break-out room was off the record - no transcript. Hmm.
Judge Faruqui: Let's be careful what was say. It's a Samsung TV? What are its capabilities?
Lawyer: I don't know if there's a second TV.
Judge Faruqui: That's public, it's going to be known
Judge Faruqui: Can you describe how you use the TV? Is there a keyboard?
Voice: Only Netflix.
Judge Faruqui: Keep us on mute, ask Ms. Williams if she has used the TV to surf the Web.
Voice: No.
Judge Faruqui: I order she only watch 1-way TV. With custodian.
Pre-Trial: We will need to able to access premises, whatever they are.
Judge Faruqui: Of course. We see the end in sight.
Pre-Trial: There's the condition we discussed in the break-out room.
[Hmm]
Kramer: You're not saying her car can be searched any time she drives it?
AUSA: We have concerns about devices in her car.
Kramer: Several Circuits have held that prohibitions on excessive alcohol is unconstitutional, as vague.
Judge Faruqui: OK, in moderation.
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