In DC Capitol Case, Dan Egtvedt Is Released But US Body Cam Video Withheld From Public - So Inner City Press Filing
Judge Christopher Cooper said he would / will act when he gets a request from the press or public for the video DOJ cites but does not make public - so Inner City Press filed a request, link here
By Matthew Russell Lee, Patreon PodcastSongFiling
BBC - Guardian UK - Honduras - ESPN
FEDERAL COURT, April 14 – Minutes into a break in the impeachment trial in the U.S. Senate, accused insurrectionist Domenic Pezzola was ordered detained until trial by Magistrate Judge Robin M. Meriweather. Inner City Press live tweeted it, below. There was an appeal.
Now on April 14, after the DC Circuit's decision in US v. Munchel,
Judge Christopher R. Cooper held a proceeding on and with defendant Daniel Dean Egtvedt. Inner City Press live tweeted it, here:
AUSA: The sentencing guidelines for these four felonies is 24 to 30 months for this defendant.
The lone witness is Egtvedt's brother.
Defense: The US says he was trying to overthrow the government. But he had no weapons with him, he was not in Nancy Pelosi's office
Egtvedt's lawyer is citing DDC Judge Bates' release of Freddie Klein, former US State Department FOIA officer, and the Circuit's Munchel decision.
Defense: Munchel wanted to join the Proud Boys. My client didn't / doesn't. There's a one minute clip in this case where he was assaulted by nine police officers, Section 47 to 52
Now Egtvedt's brother is being cross-examined.
Q: After Jan 6, did he come home immediately? A: No, he went down to the farm, for a couple weeks. He'd done that before. We had a water issue. Judge Cooper: Where is the farm, relative to your house? A: 1/3 way to DC
AUSA: The facial hair you remember seeing him with, when was that? A: I can't give you a time frame. AUSA: When you were taking your mother to get vaccinated, had you discussed it before?
A: Discussion had taken place, yes. With my brothers. All had a voice.
AUSA: And it's fair to say Dan was against it? A: Yes. AUSA: Did he say it was to control the population? A: I don't recall.
AUSA: Did he speak about the ingredients, being related to Lucifer?
A: I am not aware of that.
AUSA: Did he refer to DC as a foreign land? A: I don't recall that. He was concerned about the change of administration. AUSA: How about political prisoners in DC, did he say that? A: Not that I recall. AUSA: No further questions.
Judge Cooper: After your brother voiced concern about your mother receiving the vaccine, the police were called? A: I was in my pajamas, I was concerned Judge Cooper: But that was pretty drastic, to call the police, no?
A: I had to get mom going.
Judge Cooper: Was your brother employed, at the time of his arrest? A: He had been doing various things. Judge Cooper: When did he last have at least a half time job? A: About six months ago.
Judge Cooper: Doing what? A: A security firm, alarms and such. Defendant's brother: Am I free to go? Judge Cooper: You are free as a bird. Defendant's brother: I hope I am not the only one.
[Paused to file this: while DOJ withholds Jan 6 videos from the public, Inner City Press just filed this with DDC Judge Cooper for access, citing order it's won before Judge Rakoff @SDNYLIVE
Ongoing Egtvedt proceeding: AUSA: This is the first video that's referred to in the government's detention memo...
AUSA: Now we see him make a conscious decision... Here's the body worn camera time stamp. [This body worn camera footage is not only not visible on this call - it is not publicly available, but it is being used by DOJ in a judicial proceeding seeking detention.]
AUSA: Now you see the defendant continuing to charge forward at Officer MM, in the video... Now you see him physically ejected, he gets back up and tries again.... At minute 6...
Judge Cooper: We're not getting the audio. But I've watched this clip a number of times in Chambers. [Note: But does the public have access to all the video being used as judicial documents in this proceeding? No it does not, despite case law that would require it
Judge Cooper: We're not getting the audio. But I've watched this clip a number of times in Chambers. [Note: But does the public have access to all the video being used as judicial documents in this proceeding? No it does not, despite case law that would require it
Judge: One of the things I take away from Munchel is a fairly tight requirement to articulate a threat to public safety. What is it that I should be afraid that this defendant will do? Another insurrection? Harm a member of the public? AUSA: Maybe non physical
Judge Cooper: If I tell him to stay in his county of Maryland, you think he'll go disrupt City Hall in a way outside the bounds of his First Amendment rights? AUSA: Yes, Your Honor. Based on his language, it is a continuing threat. He has not renounced positions
Egtvedt case resumes. Defense: The CD given to you in Chambers [Again, non-public video]
Defense: Who pepper sprayed who[m]? Why were the barricades removed? Not everyone there was a domestic terrorist. Judge Cooper: The government is not saying that.
Defense: The US is talking about what he believes in April 14. He's been in the DC jail for two months without incident. The police officer, the bicycle officer in the blue vest, seemed personally invested in what Mr. Egtvedt was going. But we don't have audio.
Defense is quoting from the Circuit's Munchel decision. Defense: He will help his brother take care of his mother. He will not commit another crime. Judge Cooper: He seems to have been at the periphery, but it did not strike me from the video that he led it
Judge Cooper: This is my interpretation of the video clips that have been submitted. He was belligerent. He was provocative. But in terms of physical violence or force, I would take issue of some of the US' characterizations, based on my review of the videos
Judge Cooper: In the videos he looks disoriented and detached from reality. Maybe he had not taken his medicine. Maybe it was the pepper spray. He's a college graduate. There was the domestic issue having to do with his mother's vaccination.
Judge Cooper: He has shown a disregard for the law. No documented connections with the groups alleged to have organized what's called the insurrection. I am not convinced that if released he would assault the county City Hall.
Judge Cooper: Mr. Egtvedt, you are not a political prisoner. I believe you understand that and will obey the conditions. My ruling does not indicate my view on whether you are guilty or innocent, or what an appropriate sentence would be if you pled guilty.
Judge Cooper: In releasing you, I am also considering Judge Bates' decision in [Freddy] Klein, and Chief Judge Howell's decision in Chrestman. Probation, please coordinate with Maryland. Then I'll sign the order releasing Mr. Egtvedt.
Judge Cooper: Mr. Egtvedt, I will see you on June 3. Do you understand? Egtvedt: Yes, your Honor. Judge Cooper: We are adjourned.
[Now what on Inner City Press' request that all cited video by made public?
We will have more on this.
Inner City Press live tweeted Riley June Williams on January 25, here.
InnerCityPress · Jeffrey Sabol, insurrection Blues III, by Matthew Russell Lee
From January 22, song here: Thread here.
InnerCityPress · Insurrection Blues, by Matthew Russell Lee
Inner City Press' John Earle Sullivan song on SoundCloud here.
InnerCityPress · John Sullivan Insurrection Blues II by Matthew Russell Lee
***
Your support means a lot. As little as $5 a month helps keep us going and grants you access to exclusive bonus material on our Patreon page. Click here to become a patron.