A hearing is underway now in the case of Richard Barnett, one of the Capitol insurrection defs (photographed at Pelosi's desk) — the govt is challenging an Arkansas magistrate judge's release order. Chief Judge Beryl Howell in DC halted his release until she rules on the matter
More from Zoe Tillman
New, with more to come: DOJ under Biden is keeping up the previous admin's effort to take over Trump's defense against a defamation lawsuit filed by writer E. Jean Carroll — an effort Biden criticized during the campaign.
First brief under new admin: https://t.co/JihPuNXxHj
Story: DOJ is keeping up an effort to try to take over Donald Trump's defense against a defamation case filed by writer E. Jean Carroll — an effort Biden criticized as a candidate last fall.
Key phrase in tonight's brief? "institutional interests" https://t.co/LTuq3vv58F
This is the latest case that tests DOJ's traditional role of defending the power and prerogatives of the executive branch — any executive branch, regardless of president. What's unusual is that Biden had weighed in on this case specifically.
DOJ says Trump's comments about Carroll — who accused him of raping her more than 20 years ago — were "crude and disrespectful." Notably, that language does not appear in DOJ's prev. brief filed 1/15. But DOJ says the case isn't about what's "appropriate"
A federal district judge in Manhattan had rebuffed DOJ's effort last fall to substitute the US govt for Trump as the defendant. If the government ultimately wins, it would likely spell the end of Carroll's suit, since the US is immune against libel suits
First brief under new admin: https://t.co/JihPuNXxHj
Story: DOJ is keeping up an effort to try to take over Donald Trump's defense against a defamation case filed by writer E. Jean Carroll — an effort Biden criticized as a candidate last fall.
Key phrase in tonight's brief? "institutional interests" https://t.co/LTuq3vv58F
This is the latest case that tests DOJ's traditional role of defending the power and prerogatives of the executive branch — any executive branch, regardless of president. What's unusual is that Biden had weighed in on this case specifically.
DOJ says Trump's comments about Carroll — who accused him of raping her more than 20 years ago — were "crude and disrespectful." Notably, that language does not appear in DOJ's prev. brief filed 1/15. But DOJ says the case isn't about what's "appropriate"
A federal district judge in Manhattan had rebuffed DOJ's effort last fall to substitute the US govt for Trump as the defendant. If the government ultimately wins, it would likely spell the end of Carroll's suit, since the US is immune against libel suits
A detention hearing is about to start in federal court in Arkansas in the case of Richard Barnett, the man photographed sitting in Nancy Pelosi's office (see: https://t.co/GAAENhkxf0). He's been in custody since his arrest
Prosecutors alleged Barnett was carrying a stun gun. He's charged with entering a restricted area w/ a weapon, violent entry/disorderly conduct, and theft. There isn't anything on the docket indicating what the govt/Barnett will be seeking as far as detention v. release
We're still waiting for the Richard Barnett detention hearing to start in Arkansas. Meanwhile, follow @o_ema for updates on initial appearances in DC federal court today for a few of the Capitol insurrection arrestees -->
Richard Barnett's detention hearing is underway in Arkansas — Judge Erin Wiedemann will decide if Barnett should stay behind bars. The first witness is FBI special agent Jonathan Willett, who was involved in the Capitol riot investigation
FBI agent walks the judge through surveillance videos that the agent says show Barnett walking in and out of Nancy Pelosi's office, with a "walking stick Taser" on his hip, as well as the widely disseminated photos of Barnett sitting in Pelosi's chair with his feet up
Prosecutors alleged Barnett was carrying a stun gun. He's charged with entering a restricted area w/ a weapon, violent entry/disorderly conduct, and theft. There isn't anything on the docket indicating what the govt/Barnett will be seeking as far as detention v. release
We're still waiting for the Richard Barnett detention hearing to start in Arkansas. Meanwhile, follow @o_ema for updates on initial appearances in DC federal court today for a few of the Capitol insurrection arrestees -->
Listening in on more hearings: The 1st is Kevin Loftus, WI, arrested for participating in the riots at the Capitol, charged w Class A misdemeanor. Judge decreed he is released on the condition that he does not return to DC, doesn't drink or do drugs, and doesn't break any laws.
— Ema O'Connor (@o_ema) January 15, 2021
Richard Barnett's detention hearing is underway in Arkansas — Judge Erin Wiedemann will decide if Barnett should stay behind bars. The first witness is FBI special agent Jonathan Willett, who was involved in the Capitol riot investigation
FBI agent walks the judge through surveillance videos that the agent says show Barnett walking in and out of Nancy Pelosi's office, with a "walking stick Taser" on his hip, as well as the widely disseminated photos of Barnett sitting in Pelosi's chair with his feet up
More from Law
We are live tweeting from the preliminary hearing of the Employment Tribunal case in which #AllisonBailey is suing Stonewall and Garden Court chambers.
The judge has ruled that for this hearing only, the names should remain redacted.
It is a Rule 50 Order. These particular individuals are members of Stonewall’s Trans Advisory Group and their names may well be known elsewhere. What is relevant is the messages from the group to Garden Court.
The judge states she would not make the same decision at the full hearing. This is only for the preliminary hearing.
Having dealt with the anonymity issue we now move to the main submissions in the case.
The entire first part of the hearing related to messages sent by certain individuals from the Stonewall Trans Advisory Group seeking cooperation with trans allies at Garden Court. So far all the discussion has been about whether their names must remain redacted.
— LGB Alliance (@ALLIANCELGB) February 11, 2021
The judge has ruled that for this hearing only, the names should remain redacted.
It is a Rule 50 Order. These particular individuals are members of Stonewall’s Trans Advisory Group and their names may well be known elsewhere. What is relevant is the messages from the group to Garden Court.
The judge states she would not make the same decision at the full hearing. This is only for the preliminary hearing.
Having dealt with the anonymity issue we now move to the main submissions in the case.
Better late than never. Here we go. What does this deal mean for borders, border formalities, customs & trade facilitation?
Long one. TL:DR very little at the moment but has potential
/1
Borders
When compared to no deal the deal changes very little in terms of border procedures. All formalities and checks will still be required.
Reminder - we're not starting from 0 here – both our container ports and our ro-ro ports are already congested
/2
On top of that, all the issues related to border readiness: lack of capacity and space, IT systems not ready, shortages of customs agents, treader readiness – have not been solved.
The deal doesn’t help with that.
/3
Here is where we are:
☑️The UK will phase-in border formalities over 6 months (customs and SPS)
☑️The EU will introduce full formalities in 3 days (customs + SPS)
☑️Irish Sea border also fully operational in 3 days with some short-term SPS easements
/4
Pre-notifications (safety & security declarations) not initially required on the UK side, needed for imports into the EU.
So what's in the deal?
/5
Long one. TL:DR very little at the moment but has potential
/1
Lots of stuff on technical barriers and customs cooperation. See @AnnaJerzewska for more on the latter. pic.twitter.com/3sC5xHD3Z8
— Steve Peers (@StevePeers) December 26, 2020
Borders
When compared to no deal the deal changes very little in terms of border procedures. All formalities and checks will still be required.
Reminder - we're not starting from 0 here – both our container ports and our ro-ro ports are already congested
/2
On top of that, all the issues related to border readiness: lack of capacity and space, IT systems not ready, shortages of customs agents, treader readiness – have not been solved.
The deal doesn’t help with that.
/3
Here is where we are:
☑️The UK will phase-in border formalities over 6 months (customs and SPS)
☑️The EU will introduce full formalities in 3 days (customs + SPS)
☑️Irish Sea border also fully operational in 3 days with some short-term SPS easements
/4
Pre-notifications (safety & security declarations) not initially required on the UK side, needed for imports into the EU.
So what's in the deal?
/5