Investigative reporter at WUSA in Washington, D.C. Covering the justice beat, congressional investigations and, once in a while, the U.S. Supreme Court.
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Chief Judge Boasberg has ordered attorney Paul Bryant to return to court on Tuesday for a detention hearing. Boasberg said "additional facts" shared by a prosecutor during an ex parte session today warrant not waiting until Wednesday, which his attorney requested.
BREAKING: Federal prosecutors in D.C. have filed two criminal counts against Jan Carey, the NC veteran arrested for burning a flag in protest outside the White House this week. w/ @sophrosenthal www.wusa9.com/article/news...
NEW: USA Jeanine Pirro's office charged D.C. lawyer & West Point grad Paul Bryant yesterday w/ threatening to kill National Guardsmen. Today, Magistrate Judge Zia Faruqui released him, calling it "perhaps one of the weakest requests for detention I have seen." www.wusa9.com/article/news...
MORE: After a week of headline-grabbing grand jury refusals, federal prosecutors have dropped the felony assault charge against alleged D.C. sandwich thrower Sean Dunn. Instead, they will move forward with a misdemeanor. www.wusa9.com/article/news...
BREAKING: The U.S. Attorney's Office has charged "sandwich guy" Sean Dunn with a lesser misdemeanor version of the assault charge after a grand jury refused to indict this week. Case assigned to Judge Carl Nichols. More: www.wusa9.com/article/news...
Also not helping prosecutors: All those Jan. 6 pardons. Judge Faruqui: "To charge people for what seems to be lesser conduct and then say they’re so dangerous they have to be locked up. It puts prosecutors in an impossible position.” www.wusa9.com/article/news...
NEW: USA Jeanine Pirro's office charged D.C. lawyer & West Point grad Paul Bryant yesterday w/ threatening to kill National Guardsmen. Today, Magistrate Judge Zia Faruqui released him, calling it "perhaps one of the weakest requests for detention I have seen." www.wusa9.com/article/news...
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Despite support from the D.C. U.S. Attorney's Office, other judges so far have denied these requests. But Bates, a GWB appointee, says the law requires it because St Cyr's case was on appeal at the time of the pardon and, thus, her conviction was vacated. www.wusa9.com/article/news...
BREAKING: Judge Bates bucks his colleagues and orders the U.S. to repay $2,270 in fees and restitution to Yvonne St Cyr, an Idaho woman convicted (and pardoned) of six counts in the Capitol riot. www.wusa9.com/article/news...
A grand jury has refused charges against "Sandwich Guy," the D.C. man accused of tossing a hoagie at a CBP officer during Pres. Trump's federal surge. It's the second time in a week U.S. Attorney Pirro's office has failed to get an indictment. (h/t NYT) www.wusa9.com/article/news...
NEW: Attorneys for Kilmar Abrego Garcia say he will petition for asylum in the U.S. Abrego Garcia previously applied for aslyum in 2019 — and was denied — because he had been in the country for more than a year. www.wusa9.com/article/news...
Judge Xinis is extending her TRO which bars Abrego Garcia's removal from the U.S. and requires him to be held at a facility within 200 miles of the Greenbelt federal courthouse.
DOJ says the credible fear interview and determination process could be resolved in two weeks. Judge Xinis is setting an evidentiary hearing in Abrego Garcia's habeas petition for Oct. 6.
NOW: Attorneys for Kilmar Abrego Garcia say they have petitioned to reopen his immigration proceedings and seek asylum. This is a separate process from his credible fear claim seeking to prevent his deportation to Uganda.
NEW: Chief Judge Boasberg reverses a magistrate's order and releases a New York woman accused of threats to kill President Trump — saying they appeared to be the "rantings" of someone mentally ill. Federal prosecutors said they may seek to appeal. www.wusa9.com/article/news...
NEW: A Maryland lawyer is accused of riding a scooter up to two National Guardsmen at Union Station last week & spitting on them — striking one in the face. He made his initial appearance in federal court today facing an assault charge. w/ @sophrosenthal www.wusa9.com/article/news...
Here's a link to Judge Cullen's ruling. Cullen adds that the "concerted effort by the Executive to smear and impugn individual judges who rule against it is both unprecedented and unfortunate." storage.courtlistener.com/recap/gov.us...
BREAKING: Judge Thomas Cullen, a Trump appointee, has DISMISSED the Trump administration's lawsuit against every federal judge in Maryland over a standing order granting temporary stays in immigration cases.
U.S. Attorney Pirro's office tells me tonight: "In spite of [the no true bills] a United States magistrate judge held there was probable cause that a felony assault on a federal officer had occurred.”
Federal grand juries refusing to indict even once is uncommon. A former AUSA w/ the D.C. U.S. Attorney's Office tells me three consecutive refusals is "extremely rare." It's now "virtually impossible," he said, to believe she would be convicted at trial. www.wusa9.com/article/news...
NOW: U.S. Attorney Jeanine Pirro's office said today a *third* grand jury has refused charges against a woman accused of assaulting an FBI agent during an ICE arrest. Instead, they'll now try to push ahead with a misdemeanor version of the charge. www.wusa9.com/article/news...
You do occasionally see some rough characters at D.C.'s parks. This guy mean mugged me for a whole afternoon at Kenilworth.
Judge Xinis: “Mr. Ensign, can you assure Mr. Abrego Garcia won’t be moved tonight?” Drew Ensign (DOJ): “Your honor, I don’t have authorization to do that.” Xinis is going to order him not to be moved to ensure he maintains access to his attorneys.
Abrego Garcia's attorney says he's learned he's now being detained at a facility in Virginia. He's asking for an order that ICE continue detaining him within 200 miles of Greenbelt. Concern is ICE will attempt to move him tonight.
Xinis highlights appearance DOJ attempted to coerce him into pleading guilty by offering deportation to Costa Rica if he accepted -- and Uganda if he declined. Also concerned there's no guarantees from Uganda he wouldn't be imprisoned or immediately deported to El Salvador.
A hearing is underway now in Maryland. Judge Paula Xinis says government has opportunity to "right the ship," but right now Abrego Garcia has offered a number of troubling arguments that could warrant a temporary restraining order barring removal to Uganda.
During press call earlier, Kilmar Abrego Garcia's attorney said they have already filed notice seeking credible fear hearing if ICE proceeds w/ attempt to deport him to Uganda. Concern he would not be able to live there at liberty — or that he'd just be deported to El Salvador.
The vast, vast majority of Jan. 6 defendants also got released on their own recognizance with varying levels of conditions (not always with the consent of the DOJ). There's just a presumption of release on bond in federal courts.
Now, DOJ can direct prosecutors to go hard at those cases, vigorously oppose bond, etc., but that doesn't mean judges are going to bite. USAO sought detention in this homemade explosive case I covered last year. The judge laughed them out of court. www.wusa9.com/article/news...
D.C. is sort of a weird jurisdiction re: bail because a lot of the high-profile cases the administration cares about are charged in federal court, which is governed by the Bail Reform Act (not D.C. Code). Most released federal defendants get some conditions but no cash bond.
Developing story here: www.wusa9.com/article/news...
NOW: Kilmar Abrego Garcia has filed a new lawsuit in Maryland seeking to block the Trump administration from deporting him to Uganda. His attorneys say its retaliation for declining an offer to plead guilty in his Tennessee human smuggling case. www.wusa9.com/article/news...
NOW: Attorneys for Kilmar Abrego Garcia have filed a new habeas petition in federal court in Maryland seeking to block his removal to Uganda. A standing order in Maryland federal court (that DOJ is suing to block) bars his removal for at least 48 hours.
As of 5 p.m. Friday there's still no indictment filed in Sidney Reid's case, although, interestingly, the deputy chief of the USAO's Felony Major Crimes section just entered her appearance for the government.
Kilmar Abrego Garcia's release conditions include a condition for ICE as well requiring them to ensure he has access to his attorneys if he is taken into their custody.
Kilmar Abrego Garcia is out of jail and en route home to Maryland w/ private security.. Freedom may be fleeting for him, though. ICE has said in no uncertain terms it intends to detain and deport him to an as-yet-unidentified third country. www.wusa9.com/article/news...
BREAKING: Kilmar Abrego Garcia's attorney Sean Hecker confirms to @wusa9 that he has been released fom U.S. Marshals custody and is en route back to Maryland: "Today, Kilmar Abrego Garcia is free." www.wusa9.com/article/news...
INBOX: 120 D.C. restaurants will be extending this year's Summer Restaurant Week offerings until Aug. 31, per @RAMWdc. A Summer Restaurant Fortnight, if you will.
NEW: A magistrate judge has denied bond and, over the objection of defense counsel, ordered a competency evaluation for a New York woman accused of threatening to kill President Trump by "disemboweling him and cutting out his trachea." www.wusa9.com/article/news...
Of course, carjackings were also down pretty significantly YoY in July and cumulatively they're down 40% YTD. So.
Carjackings are down roughly 70% YoY for the past month. That's probably the better indicator of the effect the federal takeover has had on crime in D.C., since carjackings are the sort of crime of opportunity that increased LEO visibiilty might deter.
Not really that unusual for D.C. to go seven consecutive days w/o a homicide. Happened in May and March (16 days, actually), last September, last August, last April, last March, last January. Plenty of 6-day stretches in there too. No homicides between 7/12 and 7/19 this year.
UPDATE: A magistrate will allow the case against Sidney Reid to proceed — for three days. Prosecutors have through Monday to indict Reid for allegedlly assulting an FBI agent during an ICE transfer. Otherwise, the felony will be tossed. www.wusa9.com/article/news...
UPDATE: Kilmar Abrego Garcia's attorneys have filed a motion to dismiss his criminal case in Tennessee for vindictive prosecution. They argue the prosecution is an "effort to punish him for having the audacity to fight back." Link: storage.courtlistener.com/recap/gov.us...
Amid owners' concerns about the effect of the federal takeover, D.C. diners made a strong show of support for the city's restaurant industry on Monday. Reservations were up 29% YoY as the city kicked off its annual Summer Restaurant Week. www.wusa9.com/article/news...
NEW: Federal prosecutors have charged a man who was detained by the National Guard after fleeing Park Police on the Mall on Friday. It's the first criminal charge I've seen involving the Guard assisting an arrest since Pres. Trump's takeover last week. www.wusa9.com/article/news...
I've got two more days of data showing how D.C. dining fared over the weekend (numbers show change in online reservations compared to same date in 2024): • Friday: -25% • Saturday: -20% • Sunday: -22%
NEW: Reservations at D.C. restaurants dropped 16% YoY the day Trump announced his police takeover. The next day, 27%. By Day 3 they were down 31% compared to 2024. It couldn't come at a worse time. D.C. Summer Restaurant Week starts... tomorrow. www.wusa9.com/article/news...
Was able to pop into the continuation of this hearing for a bit today. Prosecutors are attempting to salvage a case by asking Judge Harvey to find probable cause on a lesser misdemeanor. Unclear he's interested in doing that. He'll rule next week.
NOW: AG Schwalb's office and the Trump admin have reached an agreement for a new version of AG Bondi's order to fix Judge Reyes' concerns with Section 1 -- the portion that named DEA Administrator Terry Cole as emergency police commissioner. Everything else will be argued next week.
A hearing on D.C.'s lawsuit over Trump's takeover of its police dept. is starting now before Judge Ana Reyes. Arguing for the Trump admin is Yaakov Roth, a former Scalia clerk and Jones Day partner who joined DOJ as principal deputy assistant AG in Feb. www.wusa9.com/article/news...
NEW: Catherine Hoggle, a Montgomery Co. woman accused of murdering her children after their 2014 disappearance, will once again challenge her fitness to stand trial. She was released last month after 3 years in a court-ordered psychiatric institution. www.wusa9.com/article/news...
BREAKING: Federal prosecutors said today they went to a grand jury twice to indict a D.C. woman for assaulting an FBI agent during an arrest by ICE — and were twice rejected. Notably, she faces the same charge as the District's alleged sandwich thrower. www.wusa9.com/article/news...
NOW: Emily Sommer pleaded guilty today to 3 counts of assault for spitting on former interim U.S. Attorney Ed Martin and kicking/spitting on two U.S. Marshals. Sentencing in October. www.wusa9.com/article/news...
NOW: Judge AliKhan grants a PERMANENT INJUNCTION barring DOGE or WH PPO Director Sergio Gor from removing Sara Aviel as president/CEO of the Inter-American Foundation. She also enjoins Pete Marocco's unlawful appointment as IAF board member. Opinion: storage.courtlistener.com/recap/gov.us...
NOW: A Trump-appointed federal judge said today he's not convinced the administration's unprecedented lawsuit against the entire Maryland federal bench can survive a motion to dismiss. "I have some skepticism," Judge Thomas Cullen said. www.wusa9.com/article/news...
Heading to Baltimore this morning where a judge will hear arguments on the DOJ's lawsuit against Maryland's entire federal bench. The Trump admin says a standing order granting automatic, 48-hour injunctions on habeas cases is an abuse of power. www.wusa9.com/article/news...
Per a pretrial filing last week, no deal was ever offered to Sommer. She's pleading guilty straight up to all three counts to avoid trial — and what defense attorneys call the "trial penalty" of a harsher sentence for not pleading. www.wusa9.com/article/news...
BREAKING: Emily Gabriella Sommer has agreed to plead guilty to three counts of assault for spitting on ex-interim U.S. Attorney Ed Martin Jr. in May (and assaulting two U.S. Marshals while in custody). Two unrelated cases in Superior Court remain pending. www.wusa9.com/article/news...
The historic Black D.C. church that now controls the "Proud Boys" trademark has sued to stop a NY chapter of the group from using it. Metropolitan AME says it's trying to "evolve the 'Proud Boys' name to be associated with... love and humanity." www.wusa9.com/article/news...
Very possible the ACLU, which is representing the Venezuelan deportees in this case, seeks en banc review from the full D.C. Circuit.
NOW: In 2-1 opinion, the D.C. Circuit VACATES Judge Boasberg's order starting contempt proceedings over the Trump admin's possible defiance of his block on Alien Enemies Act deportations. Majority: Katsas and Rao (Trump). In dissent: Pillard (Obama). www.wusa9.com/article/news...
NEW: DOJ is moving to strip the citizenship of Hachikosela Muchimba, an ex-mail carrier convicted of stealing $1.6M in checks from D.C. residents. Muchimba was arrested at Dulles Airport in 2023 while attempting to flee the U.S. to his native Zambia. www.wusa9.com/article/news...
FAA Acting COO Frank McIntosh on safety issues at DCA: “I think there were some things that we missed, to be quite honest with you. Not intentionally." Says the airport became too dependent on the use of visual separation between helicopters and planes. www.wusa9.com/article/news...
As requested, Judge Jackson issues order clarifying that Shane Lamond was not convicted in connection w/ Jan. 6 or "any actions by him that could qualify as domestic terrorism."
After a 10-hour hearing yesterday focusing heavily on issues at the FAA, the NTSB picks up today with a probe into the use (or lack thereof) of collision avoidance technology in the D.C. airspace. My live blog of Day 3 of the Flight 5342 hearings. www.wusa9.com/article/news...
Lamond was convicted last year of leaking sensitive information about a police investigation to Proud Boys leader Enrique Tarrio. Tarrio, of course, was later convicted (then pardoned) in connection with Jan. 6 — but Lamond was never involved. www.wusa9.com/article/news...
NOW: Former DC Police Lt. Shane Lamond is asking a judge to delay his prison report date for 60 days while his attorneys get the BOP to remove a designation improperly connecting him to Jan. 6. As is, the wrongful designation means he won't be going to a low-security camp.
Bryan Lehman, manager of the Potomac TRACON facility that provides radar to DCA, says his warning about reducing traffic was not and has not been heeded: "I've had more conversations, and more conversations have gone nowhere." www.wusa9.com/article/news...
With FAA officials testifying air traffic control at DCA goes above and beyond to handle intense traffic demand w/ insufficient resources, the NTSB wants to know if its "chipping away at safety." "We're pushing the line," an FAA official conceded. www.wusa9.com/article/news...
After hours of testimony about how air traffic control at DCA doesn't have the staff/resources it needs, an FAA official is asked if a "we just make it work" mentality has been normalized there. "Yes," he says without hesitation. www.wusa9.com/article/news...
Day 2 of the NTSB's investigative hearings into the crash of Flight 5342 begins with more criticism of how the military operates helicopter flights around D.C. "We are all very uncomfortable" when they're flying, says Rick Dressler, of Metro Aviation. www.wusa9.com/article/news...
NTSB Chairwoman Jennifer Homendy lays into what she describes as the FAA's finger pointing as today's hearing on the crash of Flight 5342 enters hour 10. "Sixty seven people are dead. How do you explain that? Our bureaucratic process?” Homendy said. www.wusa9.com/article/news...
Perlmutter, who is unambiguously an employee of the Legislative Branch, argues Pres. Trump doesn't have the power to fire her. Even if that's true, Judge Kelly says, SCOTUS has made it clear the temporary, albeit unlawful, loss of her job doesn't amount to irreperable harm.
NOW: Judge Kelly denies injunction to restore Copyright Office director Shira Perlmutter. He points in no small part to SCOTUS' recent shadow docket rulings allowing Pres. Trump to remove the chairs of the NLRB and MSPB while their cases proceed. Link: storage.courtlistener.com/recap/gov.us...
Today marks six months since the fatal crash of Flight 5342. Beginning tomorrow, I'll be covering three days of NTSB investigative hearings in D.C. They've promised it will include the release of a new batch of documents, photographs and transcripts. www.wusa9.com/article/news...
NOW: A colalition of fair housing groups scores a win as Judge Sooknanan orders HUD to provide her with a "detailed plan" by next Monday as to how it will distribute millions of dollars in frozen (but congressionally appropriated) grants for victims of housing discrimination.
ORDER #3: Magistrate Judge Barbara Holmes GRANTS a joint request from the DOJ and Kilmar Abrego Garcia to stay his release for 30 days over fears ICE will seek to immediately begin deportation proceedings.
Judge Crenshaw says Trump admin failed to tie Kilmar Abrego Garcia to MS-13: "For the Court to find that Abrego is member of... MS-13, it would have to make so many inferences from the Government’s proffered evidence in its favor that such conclusion would border on fanciful."
MORE: In dual orders, two federal judges today granted Kilmar Abrego Garcia release on bond and barred ICE from immediately taking him into custody OR initiating deportation proceedings to a third country. www.wusa9.com/article/news...
NOW: A federal judge in Tennessee has UPHELD an order releasing Kilmar Abrego Garcia on bond in his criminal case. A magistrate will decide whether to stay that for 30 days. Near simultaneously, Judge Xinis has barred his removal from the U.S. for at least 72 hours.
Judge Boasberg has also ordered a hearing on Thursday morning.
The Trump admin went to the D.C. Circuit to stop the Alien Enemies Act case before Judge Boasberg, saying he was trying to force negotiations w/ El Salvador. Now that it *has* negotiated w/ El Salvador and had detainees moved to Venezuela, the Circuit wants an update. Tomorrow.
Kilmar Abrego Garcia's attorneys are asking a federal judge in Tennessee to delay any order releasing him for 30 days over fears ICE will seek to immediately deport him. That comes after weeks of the DOJ saying ICE will immediately seek to deport him. www.wusa9.com/article/news...
NEW: Kevin Buchanan, of Utah pleaded guilty in federal court in D.C. today to making violent threats toward a Palestinian rights organization just days before the National March on Washington in November 2023. www.wusa9.com/article/news...
A federal judge has dismissed a lawsuit brought by FBI agents who feared retaliation over their roles in the Jan. 6/Trump cases. After the DOJ entered a consent agreement in February, Judge Cobb says the claims are now "too speculative." www.wusa9.com/article/news...
ICE arrests have surged in the DMV since Pres. Trump retook power — up 470% year-over-year in Virginia alone. Despite the admin's "worst of the worst" rhetoric, the majority of those arrested now have no criminal history beyond their immigration status. www.wusa9.com/article/news...
Hearing's over. Judge Xinis says she's going to issue an order on Abrego Garcia's motion prior to the hearing in his TN case on Wednesday. But what will that order be? Absent any concession from the govt., she does seem to want a short pause in place if he enters ICE custody.
Back from a break. Khojasteh says the July 9 stipulation from the govt. that it won't illegally deport Abrego Garcia to El Salvador again moots the case. Xinis says, in short, that does nothing to convince me you won't violate the law in other ways.
Judge Xinis: “I’m deeply concerned that if there’s not some restraint on you that Mr. Abrego will be on another plane to another country with no notice to his lawyers. Because that’s what you’ve done before."
Judge Xinis also doesn't buy that ICE hasn't/won't start thinking about what to do with Abrego Garcia until he's in their custody. Xinis: “It defies reality that this case is going to be left to a desk officer, and that more you press that the more it concerns me.”
It's Sarmad Khojasteh speaking for DOJ, but mostly just getting raked over the coals by Judge Xinis over the Trump admin's "utter refusal... to engage in any conversation about what's going to happen" when Abrego Garcia enters ICE custody.
It's the government's turn to speak now and they finally have Abrego Garcia's immigration detainer.
So what's the ask here? Abrego Garcia's attorneys want an order from Judge Xinis that says ICE can't remove him from the country without 72 hours' notice or further order from the court. They'd also like him returned to Maryland, but unclear Xinis can make that happen.
The issue, of course, is that a district judge already barred ICE from deporting a group of immigration detainees to South Sudan and the Supreme Court's conservative majority stayed that order last month (without providing any explanation lower courts could use going forward).
Abrego Garcia's attorney Andrew Rossman says ICE's third-country deportation policy is facially unconstitutional. It allows, he points out, immediate deportation to South Sudan -- which currently has this travel advisory from the State Department. But, there's an issue...
Judge Xinis is fed up with the DOJ, which has so far failed to produce Abrego Garcia's immigration detainer as ordered. She's not going to take their word that it exists. Xinis: "From day one you have taken the presumption of regularity and you’ve destroyed it, in my view.”
Back in Greenbelt this morning to see if the Trump administration will agree to a 48-hour "pause" if Kilmar Abrego Garcia does in fact enter ICE custody next week. Since that seems unlikely, expect more arguments ahead. www.wusa9.com/article/news...
And we are coming back tomorow at 9 a.m. to learn whether ICE will agree to a 48-hour "pause" if Kilmar Abrego Garcia does in fact enter their custody next week.