How to torpedo 18+ criminal Jan6th Cases. A master class on what not to do.
Class is now in session. It’s going to get uncomfortable & granular because those itty bitty details actually matter. And my GOD do I have a lot of questions for the “acting” US Attorney for DC.
I would recommend that you read the 5PM update in yesterday’s article because I was in fact telegraphing a subsequent follow up article. As I previously stated the Constitutional Issues here, for the various Defendants could be really adverse to the prosecution of their criminal cases. It could also potentially invalidate any proffer (reverse or not) sessions, and naturally any plea agreements being negotiated. And NOPE this wasn’t the Government notifying one Judge, the Government filed 17+ notices as enumerated in the August 30, 2021 filing. Specifically footnote #1 found on page 1 of the aforementioned filing.
Full disclosure I could be wrong but I don’t think I am. Yes we are going to get into the weeds of potentially 18+ Jan6th Defendants and YES I am highly critical of the current “acting” US Attorney for DC because I’m about to show you the way the legal sausage is made and it ain’t pretty. And the more I research the more my concerns grow from being annoying to straight up
What in the freshest of all fresh hells is this…
Again there’s a chance I’m wrong or that I’m getting ahead of my skis so in an effort to be fully transparent I will not be a document hoarding asshole. I mean in general I’m kind of an asshole but when it comes to facts and supporting documents I tend to think I’m actually far less of an asshole than most. Although that’s highly subjective and open to interpretation but let’s try and steer clear of “feelings” because in general “feelings” make me uncomfortable and I find actual comfort in facts.
And your obligatory fair warning, this is a very long, tedious and laborious article to read. My unsolicited advise is; read it in small batches because I am actually mindful that some readers might think “system/information overload” Let’s go…
Defendant KENNETH HARRELSON
Case No 21-cr-28 (APM)
last filing previous to August 30, 2021 Notice filed by USA; REPLY TO OPPOSITION to Motion by KENNETH HARRELSON re 341 MOTION to Revoke, see DDC-ECF for Document No 354… where by Defense Counsel John Pierce is attempting to get Kenny “I perjured myself” Harrelson sprung from Custody…
This evidence is clearly “relevant to the determination of” Mr. Harrelson’s “danger to the community.” Since this evidence was also not available at either Mr. Harrelson’s detention hearing or the hearing on his prior motion to revoke detention, it is proper for this Court to reopen the detention determination.
…Harrelson’s Motion is also based on the Court’s release from pretrial detention of similarly situated defendants. ECF No. 341 at 9. To the extent that these decisions establish that there do exist conditions on which Mr. Harrelson could be released that will “reasonably assure the safety of any other person and the community,” such decisions are “new information” on which the hearing can be reopened. 18 U.S.C. § 3142(f)(2)(B).
Defendant Christopher Worrell
For context and contextual background, found here, here and here -again I’m not in any way making light of Defendant Worrell’s cancer condition. Defendant Worrell and his currently AWOL defense counsel bare the burden to convince the Government and the Court that his current health issues are not adequately being addressed by the BOP.
Spoiler: Defendant Worrell continues to engage in the same obstructive behavior concerning his “medical needs”. This is the same milquetoast argument he previously used. Do not even get me started on the lack of following local rules and procedures. You can’t withdraw your appeal and then almost simultaneously file an instant motion in District Court. During during the pendency of an appeal you started… Because jurisdiction, something something, USCA Mandate, something something Lord I’m not even an attorney and even I know.
-cough- Fed. R. Crim. P. 37(a —appeals court must issue a mandate which allows the District Court to have proper jurisdiction
-cough- Your Attorney John Pierce might think chaos and flipping the system on its head benefits his clients. I can assure you that no it does not. It leaves his clients in a perilous position.
Filed on August 13, 2021 -Emergency MOTION to Revoke Order of Detention by CHRISTOPHER JOHN WORRELL. (Pierce, John) Modified event title -See DDC-ECF
“updated medical records have not been provided to counsel or the government upon request” trust me on this, that quote will come back to bite the Defendant
additionally & notable, when Defense Counsel filed the Emergency Motion, they failed to attach the prerequisite medical records.
Whereas the Government followed the Rules/Procedure and requested the Court issue an order concerning the release of Defendant Worrell’s medical files while in custody.
In short Defendant Worrell is regurgitating numerous arguments from March, April and May —the overly caustic nature dripping throughout the Emergency Motion is par for course and reflective of John Pierce’s defense strategy… but the question remains;
how did Ryan Marshall represent himself to the Court and to the Government?
I now refer you to document 83 ORDER granting 82 Motion for Disclosure as to CHRISTOPHER JOHN WORRELL (1). Signed by Judge Royce C. Lamberth on 08/12/2021. -see DDC-ECF for Doc 83 —because it certainly appears that Judge Lambert believes Ryan Marshall is an attorney for the Defendant.
See DDC-ECF for Document No 84— Supplemental MOTION to Modify Emergency Motion to Revoke Order of Detention by CHRISTOPHER JOHN WORRELL. (Attachments: # 1 Appendix)(Pierce, John) (Entered: 08/19/2021)
See DDC-ECF for Doc No 85 — RESPONSE by USA as to CHRISTOPHER JOHN WORRELL re 81 MOTION to Revoke
Those records make clear that Mr. Worrell has received substantial and timely care, and that to the extent Mr. Worrell has not yet had particular appointments, that has often been because he has declined to go to outside appointments scheduled on his behalf. Mr. Worrell’s apparent reluctance to receive high-quality outside care cannot be charged to the government on a Fifth Amendment theory.
As the Government makes clear —see pages 3 thru 5 of their August 25, 2021 of their response to Defendant Worrell’s Aug 11th Emergency Motion and the August 19th supplemental filing…I swear it’s like Grounded Day over and over with Defendant Worrell. Also it is kind of weird how the predictions of his previous appeal, the District Court ruling and his milquetoast arguments would play out have actually materialize <note my extreme sarcasm and snorting> Also the footnote on page 8 -it’s like the chef’s kiss of all chiefs kisses. It’s just pure savage as in its pure jurisprudence “f_ck around and find out”
On August 11, Mr. Worrell filed the instant motion, claiming that he had not received the skin biopsy or lymph node biopsy that he had refused to attend just weeks before.
Mr. Worrell has not shown that the D.C. Jail has been objectively unreasonable in attending to his medical needs… to the contrary, it appears the D.C. Jail has consistently followed up on Mr. Worrell’s medical complaints and has sent Mr. Worrell out to numerous outside specialists.
The records reflect that Mr. Worrell, rather than the D.C. Jail, has served as the greatest obstacle to him receiving medical care. Most of the claims or implied claims that Mr. Worrell makes about his medical care are belied by the medical records from the D.C. Jail.
The savagery and precision on pages 9-10
Defendant Worrell has cried Wolf so many times. He and his Defense counsel have repeatedly made false representations to the Court about his health issues, medical treatment and the overall treatment of inmates. Defendant Worrell is getting way better healthcare treatment then the vast majority of Americans who can barely pay for a healthcare insurance plan.
Rather unbelievably, despite refusing to attend these appointments when they were scheduled, Mr. Worrell now claims that he has been denied those appointments: “as of August 10, 2021,” Mr. Worrell claims, he “has not received appoints [sic] for (1) lymph node biopsy” or “(2) skin biopsy.” Dkt. 81 at 6. Mr. Worrell cannot generate a Fifth Amendment violation by refusing to attend the treatment he has been offered and then claiming it has been denied.
Worrell claims that on June 30, he “[d]iscovered no ophthalmologist appointment had been made for” him, implying that he was suffering a serious condition that was going untreated…Worrell saw an ophthalmologist the next day, on July 1, and that the doctor prescribed eye drops for what the doctor described as mild “blepharitis,” or inflammation…
…again, Mr. Worrell appears to have declined recommended treatment. He cannot now complain that he is not receiving the treatment he declined. The medical records speak for themselves. Mr. Worrell has a veritable army of specialists treating his every complaint
Defendant DEBORAH LYNN LEE
Case No: 1:21-mj-00554
August 23, 2021 - NOTICE OF ATTORNEY APPEARANCE: John M. Pierce appearing for DEBORAH LYNN LEE -see DDC-ECF,
MINUTE ORDER as to DEBORAH LYNN LEE (2). Given the information submitted in the government's notice 11 , this matter is referred to the criminal duty magistrate judge for ascertainment of counsel. SO ORDERED. Signed by Judge Amy Berman Jackson on 8/31/2021. (see DDC-ECF for Docket Report)
Defendant PETER SCHWARTZ
Case No 1:21-cr-00178
A Protective Order issued in this case on April 1, 2021 (see DDC-ECF for Protective Order Doc # 21 ). Which identifies who on the Defense Team can access the Materials under the Protective Order. As I said this is where questions will become increasingly uncomfortable for both the Government and the Court:
if the USAO-DC provided the links to Ryan Marshall; understand the problematic nature of the evidence in this case and the potential adverse impact on both the prosecution and the Defendant’s sixth Amendment Rights?
Legal Defense Team
The “legal defense team” includes defense counsel (defined as counsel of record in this case, including any post-conviction or appellate counsel) and any attorneys, investigators, paralegals, support staff, and expert witnesses who are advising or assisting defense counsel in connection with this case.
Defense Counsel’s Obligations.
Defense counsel must provide a copy of this Order to, and review the terms of this Order with, members of the legal defense team, Defendant, and any other person, before providing them access to Sensitive or Highly Sensitive materials.Defense counsel must obtain a fully executed copy of Attachment A before providing Defendant access to Sensitive or Highly Sensitive materials, and must file a copy with the Court within one week of execution.
July 26, 2021 - NOTICE OF ATTORNEY APPEARANCE: John M. Pierce appearing for PETER SCHWARTZ -see DDC-ECF for Document No 28
August 26, 2021 Minute Entry; for proceedings held before Judge Amit P. Mehta: Status Conference as to PETER SCHWARTZ held via videoconference on 8/26/2021 - (sorry for yelling) OMFG RYAN MARSHALL IS NOT A GODDAMN ATTORNEY and yet the Government and the Court proceeded like he was. WTFINGF this is basic “law stuff” like law school 102 basic;
In the interests of justice, and for the reasons stated on the record, the time from 8/27/2021 through and including 9/2/2021 shall be excluded in computing the date for speedy trial in this case. Status Conference set for 9/2/2021 at 11:00 AM via videoconference before Judge Amit P. Mehta.
The courtroom deputy has circulated connection information to counsel. Members of the public or media may access the hearing via teleconference by dialing the court's toll-free public access line: (877) 848-7030, access code 321-8747.Bond Status of Defendant: remains in-custody; Court Reporter: Sara Wick; Defense Attorney: Ryan Marshall for John Pierce; US Attorney: Jocelyn Bond.
Naturally the next questions; who was the employee of Peirce Bainbridge that the Prosector in the USAO-DC gave discovery which is governed by the Court’s April 1, 2021 Protective Order?
on August 24, 2021, I provided an employee of Pierce Bainbridge, P.C. with access to the USAfx folder titled “Schwartz, Peter – Discovery.”
In addition, on August 24, 2021, I provided an employee of Peirce Bainbridge, P.C. with two separate links from Evidence.com containing Body Worn Camera footage recorded by Metropolitan Police Department Officers on January 6, 2021 on the Lower West Terrace in and around the time that defendant Schwartz is believed to have been present
Defendant NATHANIEL J. DEGRAVE
Case No: 1:21-cr-00090
August 24, 2021 - Minute Entry for proceedings held before Judge Paul L. Friedman: Status Conference as to NATHANIEL J. DEGRAVE held on 8/24/2021.
Parties inform the court of the status of this action.
Defendant to file a motion for bond reconsideration during the week of 8/30/2021. Government's response is due thereafter.
Oral motion for a 30 day continuance of this matter is GRANTED for reasons stated on the record.
Speedy trial is excluded (XT) from 8/24/2021 to 9/30/2021 in the interest of justice.
Next status conference is set for 9/30/2021 at 1:00 PM before Judge Paul L. Friedman via Zoom Video. Bond Status of Defendant: Committed/with consent to appear by video; Court Reporter: Lisa Griffith; Defense Attorney: Michael Ramsey and Ryan Marshall (for attorney John Pierce)
Other Defendants Represented by John Pierce
In an effort to help you understand where and how to find open source databases for the various Jan6th Defendants and to assuage any concerns about the embedded links. These are the four primary databases that I used. And no particular order of preference:
Jeremiah Caplinger in Case No. 21-cr-00342-PLF, see DDC-ECF for affidavit.
See July 26, 2021 NOTICE OF ATTORNEY APPEARANCE: John M. Pierce appearing for JERAMIAH CAPLINGER
Defendants JACKMAN, Tuck et al Case No 1:21-cr-00378
DOJ-Case Documents: Jackman Complaint, Jackman Statement of Facts and Jackman et al Superseding Indictment and Defendant Paul Rae; Rae Affidavit in Support, Rae Criminal Complaint, Rae Indictment and Jackman et al Superseding Indictment
June 8, 2021 Minute Entry for proceedings held before Judge Timothy J. Kelly: VTC Arraignment as to ARTHUR JACKMAN (1) as to Counts 1, 2, 3, 4, 5, and 6 and as to PAUL RAE (2) as to Counts 1, 2, 3, 5, and 6 held on 6/8/2021. BOTH defendants appeared by video.
Plea of NOT GUILTY entered by ARTHUR JACKMAN (1) as to Counts 1, 2, 3, 4, 5, and 6. Plea of NOT GUILTY entered by PAUL RAE (2) as to Counts 1, 2, 3, 5, and 6. Speedy Trial Excludable (XT) started 6/8/2021 through 8/5/2021, in the interest of justice, as to BOTH defendants.
Government Status Report due by 7/8/2021. VTC Status Conference set for 8/5/2021 at 11:00 AM before Judge Timothy J. Kelly. Bond Status of Defendants: 1-Remains on Personal Recognizance, 2-Remains on Personal Recognizance; Court Reporter: Timothy Miller; Defense Attorneys: 1-Eugene Ohm, 2-John M. Pierce
July 7, 2021 -SUPERSEDING INDICTMENT as to ARTHUR JACKMAN (1) count(s) 1s, 2s, 3s, 4s, 5s, 6s, 9s, PAUL RAE (2) count(s) 1s, 2s, 3s, 5s, 6s, EDWARD GEORGE, JR (3) count(s) 1, 2, 3, 4, 5, 6, 7, 8, 9, KEVIN A. TUCK (4) count(s) 1, 2, 3, 4, 5, 6, NATHANIEL A. TUCK (5) count(s) 1, 2, 3, 5, 6, 7
August 30, 2021 — NOTICE UNITED STATES MEMORANDUM REGARDING STATUS OF DISCOVERY AS OF AUGUST 23, 2021 by USA as to ARTHUR JACKMAN, PAUL RAE, EDWARD GEORGE, JR, KEVIN A. TUCK, NATHANIEL A. TUCK —there is no open source link to the Government’s Aug 30th filing - see DDC-ECF link or you can pull down the recent filing via my Scribd Link
Also much has been discussed about the USAO-DC use of multiple third party vendors 1 to manage the historical nature of the voluminous discovery. The Government recently executed a contract with Deloitte’s Relativity Cloud Base product. Notwithstanding see the June 2021 United States Department of Justice Justice Management Division -Privacy Impact Assessment for the[DOJ RelativityOne] report, found here… furthermore the US Government has been a relatively long time customer of RelativityOne but as you’ll note in the August 30, 2021 Government filing it is abundantly clear that Deloitte is creating a separate database for the Capitol Violence Discovery..
In addition to the more traditional cloud based discovery tools such as:
USAfx, much of the body worn camera (BWC) footage —the DOJ has tapped Axion to use their Evidence.com to upload and collate some 7,000+ hours of BWC relevant to nearly all the US Capitol Defendants, (see pages 8 thru 10 of the Aug 30th Government Filing in USA v Jackman et al)
…Federal Bureau of Investigation (“FBI”) files account for the majority of documentary evidence that we will need to ingest and review. The FBI estimates that there are approximately 750,000 investigative memoranda and attachments in its files associated with the Capitol Breach investigation.m
So this isn’t about ONE Judge. These cases touch no less than 4 different judges in DDC. And any filing made after August 20, 2021 the Court and the Government should require that John M Pierce prove he filed the documents. My hunch is it was likely Ryan Marshall that filed the various Motions and that is a really big problem.
And look emergencies do happen and any responsible officer of the Court takes the proactive approach of notifying both the prosecution and the Court. As that’s what the professional code of conduct requires. And no responsible officer of the Court sends an “associate” in to be the primary if not the sole conduit of communication who’s also facing two felony cases in the Commonwealth of Pennsylvania. Where that associate potentially mislead both the Government and the Court that he’s an attorney. No that does not happen, yet it did because John Pierce has betrayed his own oath.
This is how you tank your own prosecution. This is how you let someone like John M Pierce and Ryan Marshall make a complete mockery of our Judicial system. And this is how Prosectors can unwittingly violate a Defendant’s constitutional rights and that brings me zero joy in laying the facts out so bare that I lost my voice by repeatedly screaming W. T. FING. F.
And lastly you’ll note I only covered about half of the Defendants that John Pierce is purportedly defending. I opted to concentrate on the cases that had substantive docket activity post August 20, 2021 —but the over arching goal of this article was to demonstrate how bad this could be for the Government and for that matter Ryan Marshall, John Pierce and most importantly the Defendants. Who’s constitutional right to adequate legal representation might have been violated. None of which brings me joy or comfort. Ergo my increasing concerns relating to the fitness of the current “acting” US Attorney for DC. I’m trying my best to be strictly factual and exercise some modicum of impartiality but I fear I may have come up short…
we’ve previously talked about the DOJ’s decision to spend >$6M with Deloitte on a new database and how the DDC Chief Judge was not exactly happy with the DOJ’s contract