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

Prosecutor Mary Dohrmann begins by arguing Barnett flouted laws "in the most brazen and flagrant manner possible" when he breached the Capitol: "He knew exactly what he was doing."
Prosecutor says the note that Barnett left for Pelosi in her office — "Nancy, Bigo was here you bitch" — was "disturbing" and says the photographs of him sitting at Pelosi's desk show that he appears to "relish" the notoriety
Govt says Barnett doesn't have a criminal record, but notes police reports where a caller lodged a complaint that he'd pointed a rifle at a car with a "Black Lives Matter" sticker and, in a separate incident, was carrying around guns in public

More from Zoe Tillman

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
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

More from Law

@littlecarrotq I've been tracking these since December. Michigan


Wisconsin


Georgia


Arizona


Another Pennsylvania case. This is the most important one in my opinion. It shows the Republican Legislature broke the law when they created a mail-in ballot law in October, 2019, which they knew was against the state
How to avoid (successful) accusations of defamation on Twitter. A few thoughts from someone who is NOT a libel lawyer, but does say very critical things about named individuals. 1/

1. Facts are different from opinions. But stating an opinion can imply a fact.
https://t.co/1PkiI4olib


2. When I tweet I aim to be sure A. I show the *facts* I am basing my *opinion* on. B. I have good reason to believe the *facts* are true. C. My opinion is reasonable based on the facts.

Here I am calling Arron Banks a racist (opinion). Pointing out this is because he called for mosques to be demolished (fact). 4/


I can prove this fact - and others - about what Banks has said. And I can justify why in my opinion that shows he’s a racist. 5/

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