Leftist activist John Earle Sullivan, 25, of Sandy, was booked into the Utah County Jail for investigation of rioting, making a threat of violence and criminal mischief.
On January 15, 2021 John Earle Sullivan, on January 6 charges, was released without bail by Utah Federal Court, which said DOJ (which didn’t file a detention memo) hadn’t met the threshold to get a detention hearing- story soon, thread here
Breaking: Just now John Earle Sullivan, on January 6 charges, was released without bail by Utah Federal Court, which said DOJ (which didn’t file a detention memo) hadn’t met the threshold to get a detention hearing- story soon, thread here https://t.co/kpAxkH8Ko3— Inner City Press (@innercitypress) January 16, 2021
FEDERAL COURT, Jan 15, 2021 – Among the cases brought by the US Department of Justice in the wake of the events of January 6, 20121 in the U.S. Capitol, that of John Earle Sullivan stands out.
On January 15 Sullivan appeared before U.S. District Court for the District of Utah Magistrate Judge Daphne A. Oberg for the type of detention hearing that has resulted in the jailing of Cleveland Grover Meredith and Lonnie Coffman in DC, and Eduard Florea in the EDNY in New York.
Department of Justice did not file a detention memo on Sullivan, or meet the threshold that was met on Grover Meredith. Full filed list of conditions of release on Patreon here. Inner City Press live tweeted it here.
Judge Oberg released Sullivan from jail with the following conditions:
- Maintain or actively seek verifiable full-time employment as approved by pretrial officer
- Abide by restrictions on place of living and travel
- Maintain residence and do not change without permission
- Not to travel outside the state of Utah without permission
- Not to travel outside the U.S. without approval
- Not associate with victim, witness, or co-defendant in the case
- Report to pre-trial officer
- Prohibited from possessing any weapons
- Undergo a mental health evaluation
- Have a GPS monitor
- Detained at home, restricted to home expect for employment, religious service, medical treatment, and other court-approved activities
- Extensive monitoring of his social media and online activity
Magistrate Judge Daphne A. Oberg is presiding. Sullivan appears by Zoom from his holding cell in Utah jail. He has two retained (paid) lawyers.
There are 2 Assistant United States Attorneys (AUSA) – from Utah and DDC. “We are here on a Rule 5 proceeding.”
Judge Oberg: “You have been charged by Complaint in Washington DC. You have a right to a lawyer.” He has Mary Corporon, who says she’s only for Utah proceeding at this point. Also, Jonathan Nish. Both attorneys are from Christensen & Jensen.
Judge Oberg: Have you reviewed the complaint?
Sullivan: Not completely.
Mary Corporon: I read it to him by video.
Judge Oberg: Who you like more time? Sullivan: Yes.
Mary Corporon: I’ll say when we’re ready to rejoin. We’d like Mr. Nish as well.
From the US Attorney’s Office affidavit: ” SULLIVAN stated that he was at the U.S. Capitol on January 6, 2021, when scores of individuals entered it… he was wearing a ballistic vest and gas mask while there.. he entered through a window that had been broken out
US: “SULLIVAN can be seen telling a crowd, over a microphone, “we about to burn this shit down,” “we got to rip Trump out of office . . . fcking pull him out of that sht . . . we ain’t waiting until the next election . . . we about to go get that motherf*cker.”
US: “footage that SULLIVAN showed a gun being discharged by a U.S. Capitol Police officer within the Speaker’s Lobby, and a woman falling back into the crowd with a gunshot wou[n]d. This woman was later identified as Victim 1.”
[That is, Ashli Babbitt] Sullivan and lawyer Corporon are back.
Judge Oberg: Do you understand what you have been charged with? Sullivan: I do.
Judge Obiang puts Arrest Warrant signed by DDC Magistrate Judge Robin M. Meriweather on the screen.
AUSA: This should be tried in Washington, DC
Judge Oberg: Are you waiving your right to an identity hearing? Sullivan: Yes, Your Honor.
Mary Corporon: He is not waiving a preliminary hearing. But let’s deal with detention or bail first.
Judge Oberg: Can he be released?
AUSA Reeves: We seek detention, but we want 3 days.
Judge Oberg: First you have to meet the threshold for a detention hearing. [This was an issue yesterday on Cleveland Grover Meredith, Inner City Press story here]
Judge Oberg: We don’t get to consider danger to the community until we determine if there’ll be a detention hearing. Can you establish it?
AUSA Reeves: We can allocute to that. Witnesses are not available [This is a weird strategy, not submitting a detention memo]
AUSA Reeves: There is no combination of conditions that would protect the public —
Judge Oberg: We don’t get into that yet.
AUSA: He has contempt for the court —
Judge Oberg: I need to hear facts tending to show Mr. Sullivan poses a risk of obstructing justice
AUSA Bryan N. Reeves: He incited a riot in Provo (See Article Below). He attended his court hearing by Zoom DC, the day before these offenses. The video from Provo shows the defendant urging confederates to block traffick. He said, “I will f*ck your head up.”
AUSA: This shows a reckless disregard for the courts, and the health and welfare of innocent civilians.
Judge Oberg: You’re saying that another case means he’ll obstruct justice in the future?
AUSA: There is another situation, we are procuring video from Oregon Inner City Press @innercitypress · 1h Judge Oberg: Anything else? AUSA: Just proceed to (e)(1).
Mary Corporon: This case does not qualify for detention under the Bail Reform Act. The defendant is presumed innocent. The Provo case is merely pending. That he Zoomed in, that’s mandated by COVID pandemic.
Mary Corporon: That he did or didn’t participate in demonstrations in Oregon does not meet the threshold to detain him for purposes of a detention hearing. [Inner City Press inside baseball question: Who is the Part 1 judge to appeal to in the Utah Federal Court today?
Judge Oberg: You are entitled to three days only if it meets the standard for a detention hearing. It’s Section 3142(f).
AUSA: May we reschedule to call witnesses?
Mary Corporon: The system kicked me out for a moment.
Mary Corporon: Now is the time to show that. It’s nearly 5 pm – it’s not appropriate to continue this hearing on this threshold inquiry.
Judge Oberg: Here’s the problem, Mr. Reeves. The Court can only order detention if the threshold has been met.
AUSA Bryan Reeves: So let’s set conditions for release. [Total wipe out for US DOJ. Compare this to DOJ work on Florea in EDNY, and Meredith and Coffman in DDC. Why didn’t they file a detention memo here?]
AUSA: May the government be heard on conditions?
Judge Oberg: Let me lay out my proposal, then I’m happy to hear from both of you, and from Pre-Trial. Fair enough?
AUSA Reeves: Yes, your Honor.
Judge Oberg: Mr. Sullivan, I order you maintain or seek employment. You are not to travel outside of Utah. You are being charged in Washington. To travel there, you will need permission. No contact with victims, witnesses or co-defendants. I do not know if there are any such people.
AUSA: Does that apply to any past confederates?
Judge Oberg: Witnesses in this case. No weapons. I read that your father has removed some firearms from your residence. No narcotics unless prescribed. A mental health evaluation. Do you have a passport? “Yes.”
Judge Oberg: Turn in your passport by the end of next week at latest. I am ordering location monitoring technology, at the discretion of the pre-trial services officer. The technology may be installed in 14 days, due to COVID, or sooner.
Judge Oberg: You are to remain at home except for employment, religious services or with permission. Mr. Reeves?
AUSA Reeves: His activities are on social media platforms. He uses social media to incite. Messaging apps to set up riots. I am concerned about threats
AUSA Reeves: He has said he plans to be employed by his organization, which incites riots. That’s how he makes his living.
AUSA: We ask that he be restricted from traveling to protests even in Utah. And no Internet usage.
Judge Oberg: Ms Corporon? I am concerned with the employment.
Mary Corporon: He will obtain more traditional employment working for a third party.
Judge Oberg: No more Insurgents USA?
Mary Corporon: He will not dissolve it. But no employment there. No Internet is a problem. The only job he could get is on a farm, like another clients. He’ll need a smart phone to get a job. That is not an appropriate restriction.
Pre-Trial Services: We can monitor it. In terms of what is considered violations…
Judge Oberg: Bring you concerns to me and we can go from there.
AUSA Reeves: We can provide a list of platforms. But it could not include encrypted ones.
Mary Corporon: Not all of his First Amendment rights should be taken from him.
Judge Oberg: We will air any concern. It’s the beauty of the adversarial system. Mr. Sullivan, I am going to impose an Internet monitoring program. You will co-pay.
Judge Oberg: I’d like to tell you to stay off social media, but I don’t know which ones. You give them notice in a week of sites. Figure it out among yourself. File a notice with the court if necessary.
Judge Oberg: You are not required to shut down Insurgents USA LLC But no employment there.
Mary Corporon: But he must do things for the LLC. It has sold media content to international and national outlets. He will get paid for that, I assume that’s OK.
AUSA Reeves: I have an issue about the proceeding today. [In SDNY or EDNY, the US Attorney’s Office would appeal to the Part 1 District Judge, or if still necessary, to the Circuit Court – is that happening here?]
Yes – Reeves asked for a stay so he can appeal.
Judge Oberg: You didn’t even meet the threshold to have a detention hearing. I am going to deny that motion for a stay.
AUSA Reeves: We thank everyone including the defendant. [Total wipe out for DOJ]
As to Leffingwell, Inner City Press covered the case. U.S. District Court for the District of Columbia Magistrate Judge G. Michael Harvey held the detention, or really non-detention, proceeding.
Organizer of Provo protest arrested, accused of rioting, making threats
John Earle Sullivan, 25, of Sandy, was booked into the Utah County Jail for investigation of rioting, making a threat of violence and criminal mischief.
On June 29, a group calling itself Back to Blue planned to drive around the Provo Police Department and honk their horns to show support for law enforcement.
Another group planned a counterprotest at the same time and place. On Facebook, its event page was originally titled End Police Brutality but was later changed to Marching for Racial Equality. The Facebook pages listed the event’s hosts as the groups Insurgence, Solidarity for Justice, Salt Lake Equal Rights Movement and the Salt Lake Antifascist Coalition.
Sullivan is part of the Insurgence USA group, according to a police affidavit.
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“Protesters traveled through downtown Provo. The protesters did not obtain a permit for the event,” the affidavit states. “John Sullivan and Insurgence USA had social media postings promoting other protesters to join them.”
Between 80 and 100 people were part of the protest.
“The protest traveled on the roadways blocking motorists who have the right of way. John Sullivan blocked vehicles from freely moving lawfully. During the course of the protest, two handguns were brandished and two shots fired toward a motorist traveling to Home Depot. Vehicles were damaged by protestors as well as by John Sullivan,” the affidavit states.
“As a protest organizer John Sullivan is heard and seen as he is promoting protesters to block roadways, keeping motorists from traveling lawfully and freely.”
Sullivan was also captured on video threatening to beat a woman in an SUV, according to the affidavit, and then kicking her door, leaving a dent.
Sullivan was seen with Jesse Taggart — the man charged with shooting the motorist — throughout the protest, the affidavit states.
“As a protest organizer, John Sullivan is heard talking about seeing the shooting, looking at the gun and seeing smoke coming from it. John did not condemn the attempted murder nor attempt to stop it nor aide in its investigation by police.”