AND SO TODAY A LOT OF REPORTERS
WERE LISTENING IN AT THIS
PARTICULAR FEDERAL COURT PROCEED
PROCEEDING OVER ZOOM, AND NO, I
CANNOT PLAY YOU THE TAPE OF THE
SCREAMING AND YELLING AT THIS
COURT HEARING, BUT I CAN TELL
YOU WITH CONFIDENCE THERE WAS
DEFINITELY SCREAMING AND
YELLING.
NOW, WE JUST GOT THE TRANSCRIPT
TONIGHT BECAUSE REPORTERS WERE
ABLE TO LISTEN IN WHILE THIS
THING HAPPENED LIVE, WE KNOW THE
TONE IN WHICH THE WORDS IN THE
TRANSCRIPT WERE UTTERED.
"THE WASHINGTON POST" AND THE
"NEW YORK TIMES" SIMPLY CALLED
IT A, QUOTE, TANTRUM.
USA TODAY DESCRIBED THE
DEFENDANT IN THIS CASE AS,
QUOTE, ERUPTING.
THE DAILY BEAST DESCRIBED HIM
AS, QUOTE, LOSING IT IN COURT.
AND I’M NOT A GOOD ACTOR, SO I’M
NOT SURE HOW MUCH EMOTION I CAN
ACCURATELY CONVEY HERE, BUT HERE
IT IS.
THE JUDGE.
MR. BARN ET, ARE YOU WITH US?
YOU MAY BE MUTED MR. BARNETT.
WE MAY HAVE LOST MR. BARNETT WHO
IS OBVIOUSLY THE REASON WE’RE
ALL HERE THIS MORNING.
PAUSE.
THE COURTROOM DEPUTY, MR.
BARNETT, THE DEFENDANT, MR.
BARNETT, YES, THE JUDGE, THANK
YOU FOR JOINING US AGAIN, GOOD
MORNING, MR. BARNETT.
THIS IS JUDGE COOPER.
CAN YOU HEAR ME?
THE DEFENDANT.
GOOD MORNING, YES, I CAN HEAR
YOU.
THE JUDGE, OKAY, JUST LIKE LAST
TIME WE WOULD OBVIOUSLY USUALLY
DO THIS IN PERSON, BUT DUE TO
THE PANDEMIC WE ARE PROCEEDING
REMOTELY.
ARE YOU OKAY WITH PROCEEDING VIA
TELEPHONE THIS MORNING?
THE DEFENDANT, YES, THAT’S FINE.
THE JUDGE, OKAY.
VERY WELL.
IF YOU COULD MUTE YOUR PHONE
NOW, UNLESS WE NEED TO HEAR FROM
YOU, THAT WOULD BE VERY HELPFUL.
THE DEFENDANT, OKAY, I’LL MUTE
NOW.
THE JUDGE, THANK YOU, SIR.
THEN THE JUDGE TURNS TO THE
PROSECUTORS.
HE SAYS ALL RIGHT MS. DOR MAND
OR MS. McCLAIN, ONE OF THE
PROSECUTORS SAYS, YES, YOUR
HONOR.
SO AT THIS TIME I BELIEVE
THERE’S GOING TO BE A CHANGE IN
COUNSEL IN THIS CASE, WHICH
MEANS THE DEFENDANT IS ACTUALLY
CHANGING HIS DEFENSE LAWYERS,
AND THEY’RE IN THE MIDDLE OF
THAT PROCESS HAPPENING.
PROSECUTOR SAYS, I HAD SENT OVER
TO THE DEFENSE LAWYER A PROPOSED
PROTECTIVE ORDER FOR THIS CASE
FOR DISCOVERY THAT HE WAS GOING
TO SHARE WITH HIS CLIENT AND
SPEAK TO HIS CLIENT ABOUT.
WE’VE PROVIDED SOME DISCOVERY
INFORMALLY IN THIS CASE,
SPECIFICALLY THROUGH THE U.S.
ATTORNEY’S OFFICE IN ARKANSAS.
THE GOVERNMENT IS STILL
UNDERTAKING THIS MASSIVE EFFORT
TO GATHER DISCOVERY IN THIS AND
ALL OF THE CAPITOL RIOT CASES.
WHAT THE GOVERNMENT IS GOING TO
ASK FOR TODAY IS FOR A
CONTINUANCE OF 60 DAYS TO GATHER
DISCOVERY, TO DISCUSS THE
PROTECTIVE ORDER, AND FOR THE
NEW ATTORNEYS IN THE CASE TO GET
UP TO SPEED ON WHAT HAS BEEN
DONE.
THE JUDGE.
AND THE LAST TIME WE WERE HERE,
NO PLEA OFFER HAD BEEN EXTENDED.
IS THAT STILL THE CASE?
THE PROSECUTOR, THAT IS STILL
THE CASE, YOUR HONOR, AND THAT
IS STILL THE CASE IN ALL JANUARY
6th CASES, MEANING NO JANUARY
6th ARRESTEES HAVE BEEN OFFERED
A PLEA DEAL BY THE GOVERNMENT.
THE JUDGE SAYS, OKAY, JUST OUT
OF CURIOSITY, WHAT IS THE
GOVERNMENT’S ESTIMATES OF THE
GUIDELINES RANGE FOR THE
DANGEROUS WEAPONS CHARGE HERE.
HAVE YOU DONE THAT CALCULATION?
THERE’S THEN SOME DISCUSSION
ABOUT HOW MUCH TIME IN PRISON
THE DEFENDANT MIGHT ULTIMATELY
BE LOOKING AT IF HE’S CONVICTED
ON THE DANGEROUS WEAPONS CHARGE
HE IS FACING.
THAT RESOLVES LIKE THIS.
THE PROSECUTOR, FOR THE 1512,
IT’S GOING TO BE THE HIGHEST
OFFENSE LEVEL HERE.
I BELIEVE IT’S GOING TO BE A
BASE OFFENSE LEVEL OF 14, THE
MAXIMUM SENTENCE ON THE 1512 IS
A 20-YEAR TERM OF IMPRISONMENT
AND A $250,000 FINE.
THE JUDGE, OKAY, ALL RIGHT, JUST
TRYING TO FIGURE OUT WHAT WE’VE
GOT.
THEN HE TURNS TO DEFENSE
COUNSEL.
COUNSEL, MAY 4th AT 11:00 A.M.,
DOES THAT WORK FOR YOU?
DEFENSE LAWYER, ONE MOMENT YOUR
HONOR.
YES, THAT WORKS FOR ME.
YES.
AND THEN UP POPS THE DEFENDANT.
HE UNMUTES HIMSELF.
DEFENDANT, I’M SORRY, I NEED A
SIDE BAR WITH MY COUNSEL.
THAT DOESN’T WORK FOR ME.
I NEED A SIDE BAR.
A DIFFERENT DEFENSE LAWYER
STANDS UP.
RICHARD, THIS IS STEVEN METCALF.
THE DEFENDANT, I NEED A SIDE
BAR, I NEED A SIDE BAR.
DEFENSE LAWYER STEVEN METCALF,
RICHARD, THIS THAT WE’RE TALKING
ABOUT NOW, THIS IS A DATE WHOLLY
SEPARATE FROM ANY APPLICATION
FOR BAIL FOR YOU, SO JUST HANG
TIGHT WOOEFRMT
TIGHT.
WE’RE GOING TO HASH OUT
EVERYTHING WE NEED TO WITH THE
COURT RIGHT NOW.
THERE ARE A COUPLE OF OTHER
ISSUES WITH E NEED TO ADDRESS
AND WE’RE GOING TO SPEAK TO YOU
WHEN WE GIVE YOU A CALL BACK.
DID YOU HEAR ME?
THE DEFENDANT.
YES, I’VE BEEN HERE FOR A LONG
TIME.
I’VE BEEN HERE A MONTH, AND
EVERYBODY ELSE IS GETTING OUT.
DEFENSE LAWYER, RICHARD, THE
JUDGE, OKAY.
DEFENSE LAWYER, I’M ASKING YOU
TO JUST HANG TIGHT.
WE’RE GOING TO ADDRESS A COUPLE
OF OTHER MATTERS.
THE DEFENDANT, I DON’T AGREE
WITH THIS DATE.
IT’S NOT FAIR.
FIRST DEFENSE LAWYER, SO MR.
BARNETT, THE JUDGE, ALL RIGHT,
COUNSEL, LET ME CUT THIS SHORT,
OKAY?
THE DEFENDANT, I’M ON THE PHONE.
I CAN’T HAVE A SIDE BAR WITH MY
ATTORNEY.
IT’S NOT FAIR.
THE JUDGE, COUNSEL, WHY DON’T WE
TAKE FIVE.
THE DEFENDANT, WE NEED TO START
DOING THIS IN PERSON.
REMEMBER, THE DEFENDANT JUST
CONSENTED TO DOING THIS NOT IN
PERSON WHEN THE JUDGE ASKED HIM
DIRECTLY AT THE START OF THE
HEARING, BUT NOW HE SAYS WE NEED
TO START DOING THIS IN PERSON.
THE JUDGE, MR. BARNETT, HOLD ON,
SIR.
WE’RE GOING TO TAKE FIVE.
AND ONE OF YOU, MEANING ONE OF
THE DEFENSE LAWYERS, YOU CAN
STEP INTO ANOTHER ROOM AND
CONTACT MR. BARNETT.
IS THAT POSSIBLE?
THE DEFENDANT.
IT IS POSSIBLE.
WE’VE DONE IT BEFORE.
THE JUDGE, HOLD ON, SIR, HOLD
ON.
HERE’S WHAT WE’RE GOING TO DO.
THE COURT WILL SET A DATE FOR A
FURTHER STATUS HEARING ON MAY
4th AT 11:00 A.M.
THE DEFENDANT, OH, NO, SIR.
THE JUDGE, IN THE MEANTIME, SIR,
IF YOUR COUNSEL, THE DEFENDANT,
I HAVE A PHONE NUMBER RIGHT
HERE.
HE CAN CALL ME.
HOOETS
HE’S DONE THIS BEFORE.
I’VE GOT A PHONE NUMBER RIGHT
HERE HE CAN CALL ME ON.
THE DEFENSE LAWYER, JUDGE, I’LL
TAKE THE NUMBER.
>> ALL RIGHT, TAKE THE NUMBER,
SPEAK TO YOUR CLIENT AND WE’LL
RECONVENE IN FIVE MINUTES.
THE DEFENDANT, THE GOVERNMENT
KEEPS DRAGGING THIS OUT AND
LETTING EVERYBODY ELSE OUT.
DEFBS
DEFENSE LAWYER, RICHARD,
RICHARD, MEANING THE DEFENDANT,
I’M ADVISING YOU TO JUST STOP.
THE JUDGE, COUNSEL, STEP OUT AND
CALL YOUR CLIENT.
THE COURT GOES INTO RECESS.
NOW, IT IS NOT REFLECTED IN THE
OFFICIAL TRANSCRIPT THAT WE HAVE
OBTAINED, BUT ONE REPORTER WHO
IS MONITORING THE HEARING TODAY
FOR THE DAILY BEAST SWAERS THAT
AT THIS POINT IN THE PROCEEDING
THE DEFENDANT ALSO SCREAMED
FORGIVE ME, QUOTE, THIS HAS BEEN
A BUNCH OF CRAP.
THE DEFENDANT IN QUESTION HERE
IS THIS FELLOW WHO YOU’LL
RECOGNIZE FROM THE IMMEDIATE