Capitol Siege, New York

Capitol Siege, New York

Risky business: Some Capitol riot defendants forgo lawyers

Some of the defendants charged in the storming of the U.S. Capitol are turning away defense lawyers and electing to represent themselves, undeterred by their lack of legal training or repeated warnings from judges.

10/17/2021 3:26:00 PM

At least five people charged in the Capitol riot have chosen to defend themselves in court. That has led to some curious legal maneuvers and awkward exchanges in court, including a defendant who tried to bill the government for working on his own case.

Some of the defendants charged in the storming of the U.S. Capitol are turning away defense lawyers and electing to represent themselves, undeterred by their lack of legal training or repeated warnings from judges.

A New York man charged in the Jan. 6 insurrection wants to bill the government for working on his own case. A Pennsylvania restaurant owner is trying to defend herself from jail. A judge told another New Yorker that he may have incriminated himself during courtroom arguments.

The right to self-representation is a bedrock principle of the Constitution. But a longtime judge cited an old adage in advising a former California police chief that he would have “a fool for a client” if he represented himself.And Michael Magner, a New Orleans criminal defense lawyer and former federal prosecutor, observed, “Just because you have a constitutional right to do something doesn’t necessarily mean that it’s smart.”

ADVERTISEMENTThe decision by at least five defendants to defend themselves is bound to create a host of challenges, particularly for those behind bars. They risk getting themselves in more legal trouble if they say the wrong thing in court. They have to sift through the

mountain of evidenceinvestigators have collected in the attack. And the strategy is already testing judges’ ability to maintain control of their courtrooms.“I would never represent myself if I were charged with a crime,” U.S. District Judge Royce Lamberth told

before allowing him to handle his own defense against riot charges. The judge warned the ex-police chief that he has never seen anyone successfully represent himself since his appointment to the bench in 1987.Hostetterwas arrested in Junealong with five other men on charges that they conspired to stop Congress from certifying Joe Biden’s victory in the presidential election. The indictment links four of Hostetter’s co-defendants to the Three Percenters, a wing of the militia movement.

Hostetter, whoafter more than 20 years as an officer, told Lamberth that the “corruption of this investigation” is one reason he wants to represent himself. His finances also were a factor.ADVERTISEMENT“I believe that it’s a governmental strategy and tactic that if they can’t convict you, they at least want to bankrupt and destroy you,” Hostetter said.

Another defendant representing himself, Brandon Fellows of upstate New York, recently unsuccessfully petitioned U.S. District Judge Trevor McFadden to release him from jail.Video shows Fellows, who was photographed wearing a fake orange beard during the riot, with his feet propped on a table in the office of Sen. Jeff Merkley, D-Ore. Fellows was locked up this summer for missing a mental health evaluation appointment and harassing a probation officer.

Fellows took the stand to argue for his release, brushing aside warnings from the judge that he could open himself to perjury charges if he testified.In doing so, Fellows may have compounded his legal troubles.Fellows told McFadden that he used what he described as a “loophole” he had read about online to disqualify a different judge overseeing an unrelated case in New York. Fellows said he listed a phone number for that judge’s wife as his own number in court records to make it appear that he knows the woman.

Fellows said he also asked the public defender who represented him before he rebuffed counsel in the riot case if he should try to get McFadden replaced by contacting the judge’s family, but the lawyer warned him that would get him arrested.In denying Fellows’ bid for release, McFadden told Fellows that he admitted to likely obstructing justice in the New York case and considering it in his riot case.

McFadden, who was nominated by President Donald Trump, also jailed self-represented defendantPauline Bauerlast month for failing to comply with court orders to cooperate with probation officers during her pretrial release.Bauer was arrested in May along with a friend who joined her at the Capitol. Video from a police officer’s body camera captured Bauer saying to bring out House Speaker Nancy Pelosi, D-Calif., to be hanged, the FBI says.

Bauer, who owns a restaurant in rural Kane, Pennsylvania, has repeatedly interrupted the judge during hearings. She also has argued in vain that the court doesn’t have any jurisdiction over her, expressing an ideology that appears to comport with the “sovereign citizens” extremist movement.

During a July 19 hearing, Bauer told McFadden that she doesn’t want “any lawyering from the bench.” When the judge denied her request to dismiss her charges, she asked, “On what terms?”“You don’t get to demand terms from me,” replied McFadden. McFadden appointed lawyers to serve as standby counsel for Fellows and Bauer and assist at the defendants’ request.

After U.S. District Judge Randolph Moss ruled last month thatEric Bochenecan represent himself, the upstate New York man submitted a “fee schedule” in which he appeared to be attempting to create a structure for him to collect fees for working on his own case.

The filing indicates he wants to charge up to $250,000 for spending two hours in court if he feels he is appearing “under protest and duress” and $50,000 if he is there voluntarily. A “forced giving of bodily fluids” carries a $5 million charge under Bochene’s billing schedule.

The judge denied the request, noting that Bochene hasn’t been ordered to take any actions requiring payment. “Furthermore, to the extent Defendant is seeking payment for appearing in Court, that argument lacks merit,” said the judge’s terse order. Read more: The Associated Press »

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We all know they're not the brightest Yuk. How is this happening? These idiots are making a mockery out of our laws. I hope they get the punishment they deserve. Follow the laws and rules like the majority of the people. They are indeed the poorly educated Would you defend these guys? Even for cash? it’s alright for to Pro-se, do good DD, defend or bring someone to court in not very complicated cases including injuries! Lawyers chew up 33%+ fees & the expert BS. Court’s system are simple! Pro-Se, try it sometime! Lawyers, they just scratch one another back & screw clients!

Fine by me. There’s a saying amongst the legal community and it’s a quote from Lincoln: he who represents himself has a fool for a client. All of the self-representation results in a Guilty verdict so far 'New York civil rights lawyer Ron Kuby, who has served as standby counsel for about a dozen self-represented defendants, has practiced law for nearly 40 years and never seen one such defendant secure an acquittal.'

fools or something.... 😂😂😂

Capitol cop charged with obstruction, allegedly told rioter to erase proof he was thereA Capitol Police officer allegedly contacted a rioter, allegedly telling him to remove posts from Facebook showing that person in the Capitol during the riots. A tiny trickle of justice in a flood of almost perfect corruption. ALWAYS DONALD'S INSURRECTION. 1/6 was an inside job

TrueFactsStated “I believe that it’s a governmental strategy and tactic that if they can’t convict you, they at least want to bankrupt and destroy you,” Well, no sh*t Sherlock. Something tells me that you had zero issues with it when it was minorities getting crushed by the legal system though. TrueFactsStated Just require an IQ test before being allowed to defend yourself.

These people are brainwashed by paid influencers and can't think for themselves without daily reinforcement by these manipulative persons These Jan 6 cases are sham and frivolous cases. Conservatives are laughable jokes! Idiots. it should also open up opportunities to link others Need any other proof we need to reinvest in our education system? Lol

They are being advised by someone.

The long road to making Steve Bannon testify to 1/6 committeeThe House select committee investigating the Capitol riot will hope the threat of contempt charges will force the longtime Trump ally to cooperate. No need for a long haul! If committee finds him guilty, refer to Justice Department for criminal prosecution,if guilty, the Top enforcer,the AG can send him to jail now. If they wish the SC to intervene they can do so while in jail. This forces an early SC ruling if they appeal! JUSTICE DELAYED IS JUSTICE DENIED.

Our country would be a better place if more people lived by this principle: “Michael Magner, a New Orleans criminal defense lawyer and former federal prosecutor, observed, ‘Just because you have a constitutional right to do something doesn’t necessarily mean that it’s smart.’” They’re not the brightest bulbs.

If someone were to ask me what a typical trump supporter/Jan 6th guy would look like this dude is exactly it lmao Some of the brightest legal minds...😂 This is extremely strange, is it not? Lol, these idiots are hilarious. Wish someone would broadcast coverage of these court appearances. Insurrectionists

- отчеканить и выдать всем участникам медаль 'За штурм Капитолия'! - ))

Capitol Police officer charged with helping hide a Jan. 6 rioter’s participationBREAKING: U.S. Capitol Police officer charged with trying to protect a person who was later accused of illegally entering the Capitol during the Jan. 6 riot. Suckers gonna suck! Wow! I mean shockers. Not.

Interesting approach. But, if you want 100% to finish in prison, especially with such political cases, then hire a lawyer. What’s that old saw...having a fool for a client? Nobody accused them of being intelligent God calls children to repentance! Deus chama os filhos ao arrependimento! People too dumb to cover their face while storming the capital, are going to play their own lawyer? Oh you can't make this s*** up

More like totally pathetic bUt iT wAs AnTiFa

Biden Thinks DOJ Should Prosecute People Who Refuse Jan. 6 SubpoenasTrump ally Steve Bannon has declined to follow a subpoena from a House committee set up to investigate the U.S. Capitol riot on January 6. WHAT TO WATCH THIS WEEKEND?... Just dropped a new fashion video pon de Tube, please check it out. LINK👇 Please subscribe and turn on Post Notifications, Thanks. youtuber smallyoutuber Video viral Trending Me too The Religion before Allah is Islam (submission to His Will): Nor did the People of the Book dissent therefrom except through envy of each other, after knowledge had come to them. But if any deny the Signs of Allah, Allah is swift in calling to account. The Holy Quran

Capitol Police Officer Charged With Obstruction of Justice Related to Jan. 6 RiotMichael Riley allegedly told a contact on Facebook to delete posts showing that the person was at the Capitol when a mob tried to stop the certification of President Biden’s election. What about the one who shot unarmed Ashli Babbitt? 🙌🏻🙌🏻🙌🏻 thanks

Capitol Police officer charged with obstruction of justice in riot investigationU.S. Capitol Police Officer Michael Angelo Riley has been charged with obstruction of justice after attempting to protect a man who was later accused of entering the Capitol during the January 6 riot. NBC's Pete Williams has details. Mike Byrd? Still has some left in his clip. Other guy just basically used his BARE HANDS!! Only 1? Seriously keep digging. The insurrectionist knew they would face little opposition. BC it was planned that way, coordinated. Military response was not available bc it was prevented which will be revealed through release of docs. capitolinsurrection And people wonder why everyone hates cops.