USA v Caldwell “yes your honor some of the Defendants have approached about plea offers” -updated

Government asking for a 60-day extension-exclusion regarding discovery and complex case designation - below is a brief transcript of today’s hearing.

Pardon the format but I’m going to proceed with a mini-like transcript from the hearing. Keep in mind there are a lot of Defendants in this case so there are a lot of divergent agendas at play… for reference see Caldwell Case Update.. here we go:

House Keeping by Government

-the Court acknowledged that they have not ruled on the past motions from Defendants regarding the Speedy Trial Act

-Government informal discovery- Complex case motion - 35+Gigs of data - subpoena returns 1/2 to 3/5 ETA rolling basis - 50 search warrant returns, premises search warrant returns. Reciprocal discovery shall be governed by the Protective Order.

-Government clear that the “investigation is ongoing” and plans to ask for a Status Conference about two months

-Government again states the “investigation is still ongoing” and they hope to complete most discovery within 60 days. In this portion of the hearing the Government stated “investigation is still ongoing” at least six times in under seven minutes

-the Court drills down on the discovery in relation to Rule 16 material and asked the Government

BROADER INVESTIGATION YES USA STATED THAT

-other defendants that may be adjacent to this group’s case. “This is a very broad investigation writ large” and we will be mindful of our obligations but we want the opportunity to fully investigate and develop the facts as to other potential defendants or their adjacency.

-the Court asked about plea offers - Government states YES many of the defendants have approached the Government but it needs to be run up the flagpole within main DOJ

Government Arguments Detention;

The Court - does a roll call for each Defendant and any issues or objections for the Complex Case and 60 day extension governing Discovery. The only Defendant that vocalized any concerns is Defendant Harrelson, his defense attorney wants the determination made on Detention versus capitulating about the discovery. The Court and Defense Attorneys agreed that the concern about the USMS picking up Harrelson before the Court rules on his objection (more on that later)

The next hearing tentatively scheduled for April 14, 2021 -10AM apparently Defendant Harrelson is “having medical issues that the jail isn’t attending to and we have concerns” -the Court asked if Counsel has contacted the Jail and that “Harrelson’s blood pressure is alarming high and we don’t understand why the medical unit isn’t providing him with the blood pressure medication” - the Court ask for her to filing a motion.

Because some of the defendants are not allowed internet Access - a defense attorney brings up that the large volume of evidence is largely electronic. The Court acknowledges that it was unintentional that the previous restrictions may have created an “undue constraint” because of the Computer Restrictions— Defense Counsel would like a modification to allow for Video Appearances, the Court asked for the attorneys to file a motion (this is largely applicable to Defendant James) who’s detention hearing is set for this Friday.

I realized after the fact that I had created a video concerning Caldwell’s release and the conditions. Which are applicable in terms of today’s hearing, as several defense attorneys brought to the Court’s attention how some of the conditions might impact a defendant’s ability to review discovery that the Government is currently providing on a rolling basis.

Sidebar - Defendant Watkins is likely not at all cooperating because her defense attorney somewhat accused the Government of withholding Brady materials (and its progeny) —The Court reaffirmed that the Government does have an obligation and that once they are aware of Brady material they must turn it over. The Court reminds the Government of consequences for violating DDC local rules as it relates to exculpatory evidence.

Defendant Meggs continues to object to the timeliness (or lack thereof) discovery and rolling “informal” production. The Court directs AUSA to speak with Counsel for Defendant Meggs

Joint Representation regarding Mr & Mrs Meggs: the Court states that they need more information of the “potential conflict issues” —Defense counsel for Meggs says he contacted the Government and that he has yet to receive concrete info -but they did furnish the Government with a signed conflict waiver. In addition the Government argued that it would be appropriate (pursuant to Fed Crim Rule 44(c)(2)..) and a colloquy hearing. Government’s wants the court to appoint a Conflict Counsel —said they’d like the Government and Mr & Mrs Meggs to file motions.

Defendant Meggs Motion for Reconsideration

which was filed in advance of today’s hearing and honestly if what Meggs argues is true then the Government owes the Court a fulsome explanation. Because reading the Motion for Reconsideration and Two (2) Exhibits —it is undoubtedly troubling. Because this purported new evidence actually calls into question the Government’s main argument why Mr Meggs should be detained:

government based this allegation on a text message conversation about a prior automobile accident during which Mrs. Meggs texted to her husband “should have had your gear on hero LOL” to which he flippantly responded ‘I lost it all in a boating accident.’…To support its conclusion this exchange evidenced the destruction of evidence by Mr. Meggs, the government alleged that none of the items were located by the F.B.I. during its search of the Meggs’ residence.

“…It appears that the government agents in conducting the search of the Meggs’ residence simply overlooked the items alleged to have been destroyed and, despite not locating them, failed to even ask the defendants where they were located”

See Megg’s Motion for Reconsideration via the ECF - Exhibit A (photograph of clothing) via ECF and Exhibit B (photograph of Tactical Gear worn on Jan 6th) via ECF - Again I’m not saying the F.B.I. is without fault - sometimes mistakes do happen but it’s this kind of thing that Trump supporters will speciously amplify and it feeds into the “deep state” disinformation.

So the main take aways from today’s hearing;

• Complex Case Designation

• ”some defendants” have approached the Government regarding Plea Agreements but the Prosecutor noted that “it’s above her pay grade and she’s seeking information/approval” from her boss’ boss

• next hearing scheduled for next Wednesday

-the END.