FirelightMLPOC

Imagine being this upset over having to tell people what processes went into making their games. 😅

Computers can’t. And because of the nature of things like support subreddits, posts will automatically skew negative, leading to data that looks like medication or treatments are ineffective. We already live in a time where people distrust science. This absolutely will not help.

This is horrifying. We know these companies scrape social media, including Reddit. Oftentimes, people with serious medical conditions will vent among ourselves about the way HCPs treat us. Because we can pick up on nuance, we know these companies scrape difference between a vent and antiscience.

DOJ asks for clarity, and MJ says that he will not rubber stamp second complaint as DOJ has suggested. He won't sign it unless he has time to review and make probable cause finding...So for now we're going to move forward with preliminary hearing on basis of first complaint.

MJ announces that we'll proceed on the basis of the first complaint, call up the witness.

Ron Safer, for Benavides, up now. He says he thinks we should proceed on the first complaint. Have that probable cause hearing. With regard to the what has changed, we don't have perfect insight into what has changed. We'll explore that w/ agent. Then your honor will be in position to address that..

DOJ: We think that here today we can swear out the complaint and proceed to preliminary hearing... MJ: I'm reluctant to do the given what you've said your view is of what my signing that complaint would mean...the idea that the MJ just rubber stamps it w/o PC determination...

MJ: But what do you suggest the PC hearing is on today? The defense is saying there are facts that were changed from first to second. DOJ: There likely are some things like that, your honor. There's a delta between the two because there are facts that go to the obstruction count....

MJ: Why today on this one case are you, the United States, changing the way it has done things in its entire history? DOJ: To be clear, we're ready for a probable cause finding. We can put witness up ready to prove up probable cause and they can cross examine him.

MJ: So DOJ is now essentially creating a new way of charging people....? This is very concerning....throwing gasoline on what defendants are saying about this being unusual. Why would you not just want a MJ to make a PC finding as you would in every other case?

MJ: But you agree an original complaint would need PC finding? Could that be issued without PC? DOJ: I think that whenever I have sought an initial open complaint, there is generally an arrest warrant.

MJ: So to be clear your view is that a superseding indictment could be filed adding new charges, and there's no requirement for probable cause, unless an arrest warrant is being sought? DOJ: Yes

MJ: Are you aware in this district or any other in which the Justice Department has sought a superseding complaint without a probable cause finding? DOJ is not aware of any such circumstances....

DOJ: What we filed is superseding complaint. The way we read the rules -- I admit it's novel -- I had not done this before. Our reading is that to issue a superseding complaint, that does not require probable cause. If we were seeking an arrest warrant, it would.

MJ asks how he should proceed. Gist is that he wants to know should he proceed on first or second complaint....Second has new info, potentially info that has been corrected. What to do?

Dohrmann: The first complaint is even more inaccurate than the first. There are changes in the facts, suggesting that there's Brady material that came to gov's attention.. Clerk's office has struck the complaint. But we ask that court take this conduct into consideration for PC determination

Dohrmann continues: Whether incompetence or simply cruelty, it's inexcusable to comply with the most basic requirement that complaint be sworn....Raises serious concerns about credibility of the government's case.

Counsel for Floris -- Dohrmann -- says she wants to name the elephant in the room. This is about "political football," not the law or the facts of the case. These are decorated public servants.

Faruqui says never had a situation like this in his career as a magistrate... But notes that even if there is no probable cause on complaint...DOJ could still go to grand jury at any time. We've never had complaints filed on the record unsigned while waiting for judge to make PC finding, he says.

MJ pivots to motion to strike the "superseding complaint." Observes it's "unusual" to charge a case with conduct like this by complaint....usually it's when there's some danger of release/threat that you would do complaint first. But eventually has to get to grand jury.

Magistrate judge Faruqui (MJ) talking about how to move forward with production of evidence to defense under Jencks, Brady....parties had agreed to protective order, but DOJ has not yet produced anything to defense. There's some audio evidence that's redacted...

And finally, here we go! Parties introduce themselves. Cory Jacobs for DOJ. He's with James Kirkpatrick, John Borchert. Bryan Witt for FBI. For Floris, it's Mary Dohrmann (and 3 others). For Benavides, it's Ron Safer (and 3 others).

This motion to strike by counsel for Floris explains why the "superseding complaint" was improperly filed.... storage.courtlistener.com/recap/gov.us...

Andddddd this just came through on the docket 😂

Hearing was supposed to start at 11 am. Defense counsel was present at scheduled start time. So was FBI agent Bryan Witt (who was listed on affidavit for superseding complaint). But Witt said he was waiting on 3 DOJ attorneys.....approximately 30 min later, appears they are all here now.

While we wait for things to get started.... If you appreciate live courts coverage like this, I hope you'll consider supporting our work! Lawfare is a 501(c)(3) non-profit. Our coverage and analysis is free, no paywall. But we rely on donations to keep it that way! givebutter.com/journalism/a...

So that's how we got here. Now we're waiting for magistrate judge Faruqui. (In this thread I'll refer to him as MJ or judge for shorthand.) Bryan Witt -- the FBI agent whose name is listed on last night's affidavit -- is in the courtroom. So we could hear testimony from him today. We'll see.

The complaint added obstruction counts against Floris and Benavides... But, weirdly, the affidavit was unsworn. And it was by a different FBI agent. And the case is in DC, with the predicate acts all occurring in DC, but the agent is based in Phoenix storage.courtlistener.com/recap/gov.us...

Preliminary hearings often involve cross examination of government witnesses or the agent who swore out the affidavit supporting the complaint. Last night, on the eve of this hearing, DOJ filed a *new* affidavit purporting to support a "superseding complaint."

Notably, DOJ didn't obtain a grand jury indictment -- which it eventually must do for felony charges. Magistrate judge set a "preliminary hearing" -- AKA a probable cause hearing -- to determine whether there's probable cause to refer the case to a grand jury. If no PC --> complaint dismissed...

BACKGROUND: Last week, DOJ filed a criminal complaint against former FBI agents Bradley Benavides and Nikki Floris. Complaint alleges that they misled Congress by making false statements about their alleged involvement in the Hunter Biden laptop investigation. www.courtlistener.com/docket/75010...

COMING UP: Preliminary hearing before magistrate judge Faruqui in the criminal case of former FBI agents charged with false statements to Congress and obstruction. Things could get very interesting... I'm here in the media room for @lawfaremedia.org. Follow along!

Witchy lass~ 🧹

Here's some examples!

Two slots left!!!!

"I'm gonna go be on X anyway and you can't stop me," I mean, with one exception, I'm not your dad (and that one exception is even more vehemently against X than I am, so there's that), so do what you want, my dude, as for me, I'm happy not to hang out in the Nazi bar, there are other places to drink