US Judge Removes John Earle Sullivan GPS, No Search Condition - We Put $35000 CNN Receipt Online
The Global Positioning monitoring bracelet can be cut off, Judge Meriweather ruled; neither she nor the Assistant US Attorney brought up the $35,000 from CNN
By Matthew Russell Lee, PatreonSongSong II
BBC - Guardian UK - Honduras - ESPN
FEDERAL COURT, Feb 16 – Among the cases brought by the US Department of Justice in the wake of the events of January 6 in the U.S. Capitol, that of John Earle Sullivan stands out.
On February 16, Inner City Press obtained four receipts Sullivan's lawyer filed - $35,000 from CNN - and put them on DocumentCloud, here.
Then Inner City Press live tweeted the proceeding in which Sullivan got GPS removed, ban on using social media to organize "violent or illegal" protests, live tweeted thread here:
We propose home detention, GPS monitoring, Internet monitoring - and on Insurgence USA - "seek or maintain employment and no longer work for Insurgence USA, only paying taxes & maintaining existing bank accounts.
Assistant US Attorney: We proposed either no Twitter or Facebook, or if platforms are used, no organization of protests, riots, armed conflict or violence. [Defense has yet to speak: I'm expecting a First Amendment push back]
Another proposal is made: Mental health treatment with John Earle Sullivan to pay as much of it as he can. [Note: now in the record, and on DocumentCloud, payments to Sullivan for $35,000 from CNN and NBC
Sullivan's lawyer: He makes his living through Insurgence USA. We showed the Court, he has legitimate contracts. It has nothing to do with the crimes, if there were crimes, inside the US Capitol.
Sullivan's lawyer: The social media limitations are incredibly oppressive. They serve no purpose except to basically oppress. He'll be separated from his friends and his ability to market his legitimate business.
Sullivan's lawyer: Why should Mr. Sullivan pay for mental health treatment? There's no basis. Nor for any search of his home or car. He has Fourth Amendment rights.
Sullivan's lawyer: And how can you say, No contact with witnesses? Of course we want to interview witnesses, 1000s of them. So there are Sixth Amendment violations. He already turns in his guns.
Sullivan's lawyer: My client has to leave his current residence by the end of February. He'll look for an apartment in Salt Lake City - if he can't find one, he'll move in with his parents. [$35,000 from CNN - how are rental prices in Salt Lake?]
AUSA: Insurgence USA is the vehicle through which he engaged in the underlying activities. In Utah, Insurgence USA organized the riot. On January 6, it justified his presence in the Capitol. He said he was undercover and didn't agree with the protesters
AUSA: Insurgence USA has material about Molotov cocktails. "There's nothing typical about these kinds of activities." In December 2020, he posted a guide to keep yourself safe at protests. It's "an expert resources for rioters."
AUSA: He said, if you don't have a gun or need a less lethal option, go with a tactical knife. He called his rifle a "Chud killer." [Proffers a definition of "chud"] He claims to be there to live stream these events Judge Meriweather: Did Insurgence USA urge people to go to the Capitol on January 6? AUSA: Many of his accounts have been suspended for violations of the terms of service. But we have screen shots from December 2020, praising riots
AUSA: In the InfoWars interview your Honor is familiar with, he talked about it... His own footage documents his actions on January 6, his obstruction of the proceedings. He is a prolific uses of social media, he retweets himself.
Note: DOJ Assistant US Attorney has not mentioned Sullivan's CNN contract; she keeps saying he filmed the footage only to put it on his social media channels.
AUSA quotes, then explains, ACAB: All Cops Are Bastards. "There is footage of him on a microphone, 'We got to trip Trump out.' His social media is not typical of a 24 year old [?] It is not about the weather... He wrote, the Black Block has a projectile launcher"
AUSA: We started with 13 platforms, now we're only focused on the two most available, Twitter and Facebook. It would not be an Internet ban. Sullivan's lawyer: He should not be punished for being in an event in Portland that became disruptive
AUSA: The complaint is on camera in the Capitol saying, I have a knife. He glorified riots in a tweet on December 26. He told others, You'll be fine, I go as a photographer, it's only a little bit of jail time. "He was there with a woman fatally lost her life."
Judge Meriweather: I'll take a break and then rule. OK, Judge Meriweather is back. She asks about Internet conditions and Pre-Trial Services in Utah, search condition. Pre-Trial officer: We would search if we came to suspect he had other devices. Sullivan's lawyer: We object.
Judge Meriweather: I am going to partially grant the US request. I am suggesting home detention with GPS monitoring. I am rejecting the proposed condition he avoid contact with witness. I am rejecting mental health evaluation. I am rejecting search condition
Judge Meriweather: I am rejecting the proposed ban on Twitter and Facebook but adopting the more limited restrictions. Judge Meriweather: He is to no longer work for Insurgence USA - no marketing, only paying taxes and maintaining bank accounts
Judge Meriweather: I will not impose a prohibition on narcotics and controlled substance; the general prohibition applies. Sullivan's lawyer: When will GPS bracelet be picked up, now it is not required? Pre-Trial: He can cut it off and I'll pick it up tomorrow.
Sullivan is prohibited from inciting any *violent or unlawful* protest. Sullivan's counsel: My emails with my client should not be monitored. Judge Meriweather: OK. That's it.
On January 15 Sullivan appeared before U.S. District Court for the District of Utah Magistrate Judge Daphne A. Oberg for the type of detention hearing that has resulted in the jailing of Cleveland Grover Meredith and Lonnie Coffman in DC, and Eduard Florea in the EDNY in New York.
But this one went differently: DOJ did not even file a detention memo, or meet the threshold that was met on Meredith. Full just-filed list of conditions of release on Patreon here. Song here. Inner City Press live tweeted on January 15, here.
On February 5, DOJ took a second shot on new facts, including an iPhone, and InfoWars interview and text messages, before U.S. District Court for the District of Columbia Magistrate Judge Robin M. Meriweather, now put over to February 8. Inner City Press live tweeted February 5 here (and put the 26 page detention memo on Patreon here)
On February 9 Judge Meriweather returned and ruled that Sullivan can remain free. One of the allegations of violations, along emailing the Insurgence USA list to say "Pack the court," was lost. But Judge Meriweather said it did not change her ruling. Inner City Press live tweeted here and below.
Now on February 15, Presidents Day, this from Sullivan's lawyer, saying he should still be able to make money through Insurgence USA with contracts with CNN: "Defendant should not be restricted from earning his income through Insurgence USA Insurgence USA is not charged with any offense in this matter. Insurgence is not deemed to have been involved in any criminal activity. Defendant is legitimately self-employed as a documentarian and it is oppressive to require that he not be allowed to continue his primary area of employment for an extended period of time. Attached to this pleading are receipts for services documenting defendant’s employment. 1. Contract with Australian Broadcasting. 2. Contract with Left/Right, LLC; 3. Agreement to release video footage with Rocky Mountain Public Media. 4. License Agreement with CNN." More on Patreon here.
Song on SoundCloud here.
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