‘Unprecedented, Unreasonable, Unconstitutional, and Wrong’
The Justice Department won’t have January 6 evidence ready until 2022.
By Julie Kelly
July 30, 2021
During a status hearing Friday afternoon for Timothy Hale-Cusanelli, an Army reservist arrested on January 15 for his involvement in the January 6 protest in Washington, D.C., an assistant U.S. attorney admitted the government will not meet its discovery obligations for all Capitol defendants until early 2022.
Kathyrn Fifield, the lead attorney representing the Justice Department, informed Judge Trevor McFadden that the “incalculable” volume of video collected by the government related to the Capitol breach investigation will prevent defendants and their lawyers from accessing the full body of evidence against them for several more months. “No system exists to wrap its arms around [all this evidence],” Fifield told McFadden. This includes at least 14,000 hours of surveillance video plus thousands of hours of body-worn camera footage from law enforcement.
Fifield resisted setting a 2021 trial date for Hale; McFadden and Jonathan Crisp, Hale’s court-appointed attorney, told the government last month that unless a plea arrangement was agreed upon, a trial would be set for later this year because Hale already has been incarcerated for more than six months. “If we do set a trial date, the government cannot meet discovery obligations until early 2022. That’s a conservative estimate,” Fifield said.
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