johnearlesullivan/capitol · Datasets at Hugging Face

text stringlengths 1 11.3k
Credit accountsS20,925B 17
Liab!tities
100.0096
0.00ß-321,155B 10
EsRmated nek vORh
-3229B93
\S229.93
50.00
S20,925B 17
S20,925.17
Viet'balance sheekv View decaitsCase 1:21-cr-00078-EGS Document 61 Filed 12/17/21 Page 14 of 17UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLUMBIA
UN]TED STATES OF AMERICA
T 21 DCra78(EGS)
JOHN SULLIVAN
DECLARAT]ON OF JOHN SULLiVAN
l,John Suilivan,underthe penalty of pettury,dO hereby state and
amrm as fOllows:
1.I have only reå Wed$6,700.00 in commission fees f_ m my
father's business in 2021;
2.I currently have no other sources ofincome;
3.My monthiy rentis$1,944.32 1 have to rely on my parents to pay
my rnonthty renti
4.I have had to sea some of my personal efFects including carnera
equipmentto pay expensesin 2021;
5BI have not used rny rTlotorcycie since June 2021;
6.I cannot pay the insurance on rny autornobile and l expectthat my
insurance wia be canceled in the corning weeksi
fCase 1:21-cr-00078-EGS Document 61 Filed 12/17/21 Page 15 of 176.I have a negative account balance of$229.93 in rny(3hase Bank
account.Ihave a$236.98 balance in rny First C)redit Union Account.I have
no other bank accountsi
7.My health insurance with BIueC,w ossBIueShield was canceled and
i have a pending application for heaith insurance with Medicaid.l aiso have
a pending application fbrfood stamps.
3.My credK card debtis app_ ximately$20,925.17 and my credK
rating has d_ pped into the poor rating of 559B
9.My rnonthiy expenses are as fba owsi
a.Housing:$1,944.32
b.Telephone:$251.97
c.Prescription medications:$236.58
d.LegaI Fees(Pending case in Sait Lake Civ,Utah):$1,000
eo Electric,WateL(3as:$247.28
i Food:$400.00
go Gas:$260.00
h.Minimum CredR Card Payments:$1,028.65
1.Carinsurance:$121.34
J.Renters insurance:$28.30
K.Education:$250.00
L.Ciothing:S100B 00
M.Subscriptions:$250.00
TOTAL MONTHLY EXPENSES:$6,018.44Case 1:21-cr-00078-EGS Document 61 Filed 12/17/21 Page 16 of 1710:l arn not able to pay rny rnonthly expenses withoutfunds from my
parentsB
vohn Sua ivan
12-14-2021
DateCase 1:21-cr-00078-EGS Document 61 Filed 12/17/21 Page 17 of 17
1 UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLUMBIA UNITED STATES OF AMERICA V. Case No.: 21-cr-78 (EGS) JOHN SULLIVAN MOTION TO ADOPT AND JOIN RELEVANT PORTIONS OF MOTION TO DISMISS COUNT 2 OF THE INDICTMENT IN UNITED STATES v. CALDWELL, 21-cr-28 (APM) AND TO DISMISS COUNT 1 OF THIS SUPERSEDING INDICTMENT (Obstruction of an official proceeding does not apply to the Electoral College certification) Defendant, John Sullivan, by and through undersigned counsel, does hereby respectfully move for dismissal of Count 1 of the superseding indictment, ECF 56. Defendant does hereby additionally move to adopt and join all relevant legal arguments related to the Motion to Dismiss Count 2 of the fourth superseding indictment as forth in United States v. Caldwell, 21-cr-28 (APM), ECF 240 and the Motion for Reconsideration filed on December 24, 2021, 21-cr-28 (APM), ECF 566. In support thereof, defendant represents as follows: 1. Defendant has been indicted as one of many individuals for events at the United States Capitol on January 6, 2021. Specifically, and relevant Case 1:21-cr-00078-EGS Document 62 Filed 12/31/21 Page 1 of 42 to this pleading, is Count 1 of the superseding indictment, United States v. John Sullivan, 21-cr-78 (EGS) ECF 56, charging as follows: On or about January 6, 2021…John Sullivan, attempted, and did, corruptly obstruct, influence, and impede an official proceeding before Congress, specifically, Congress’s certification of the Electoral College vote as set out in the Twelfth Amendment of the Constitution of the United States and 3 U.S.C. §§ 158 Obstruction of an Official Proceeding and Aiding and Abetting, in violation of Title 18, U.S. Code §§ 1512 (c)(2) and 2. 2. Count 1 of this superseding indictment is the same as Count 2 in the fourth superseding indictment in United States v. Caldwell, 21-cr-28 (APM), ECF 196. On June 15, 2021 the defendant in United States v. Caldwell, 21-cr-28 (APM) filed a Motion to Dismiss Indictment, ECF 240. The Motion to Dismiss was denied on December 20, 2021, ECF 558. A Motion for Reconsideration was filed on December 24, 2021 and remains pending, ECF 566. The grounds for the Motion to Dismiss relevant to this proceeding is that the term official proceeding does not relate to the Electoral College certification. 3. A similar argument was raised before the Honorable Randolph D. Moss of this Court in United States v. Patrick Montgomery, 21-cr-46 (RDM). Oral argument was presented before Judge Moss on August 3, 2021. On Case 1:21-cr-00078-EGS Document 62 Filed 12/31/21 Page 2 of 43 December 28, 2021 Judge Moss entered an Order denying the Motion to Dismiss the count charging18 U.S.C. § 1512 (c)(2). 4. Defendant submits that the interests of judicial economy will best be served by permitting the joinder and adoption of arguments presented in the Motion to Dismiss Count 2 of the Indictment in United States v. Joseph Caldwell, and by joining and adopting the pending Motion for Reconsideration in 21-cr-28 (APM), ECF 566. 5. Should the Court have any additional questions, Defendant is prepared to submit further briefing on the issue raised in the Motion to Dismiss. WHEREFORE, the foregoing considered, defendant seeks leave to adopt and join the Motion to Dismiss Count 2 of the fourth superseding indictment as filed in United States v. Caldwell, 21-cr-28 (APM). Respectfully submitted, _______/s/_______________ Steven R. Kiersh #323329 5335 Wisconsin Avenue, N.W. Suite 440 Washington, D.C. 20015 (202) 347-0200 Case 1:21-cr-00078-EGS Document 62 Filed 12/31/21 Page 3 of 44 CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and accurate copy of the foregoing was served, via the Court’s electronic filing system, on this the ____31st____day of December, 2021 upon Candice Wong, Esquire, Assistant U.S. Attorney. ______/s/____________________ Steven R. Kiersh Case 1:21-cr-00078-EGS Document 62 Filed 12/31/21 Page 4 of 4
AO 91 (Rev. 11/11) Criminal Complaint
UNITED STATES DISTRICT COURT
for the
__________ District of __________
)
)
)))))Case No.
Defendant(s)
CRIMINAL COMPLAINT
I, the complainant in this case, state that the following is tr ue to the best of my knowledge and belief.
in the county of in the
District of , the defendant(s) violated:
Code Section
This criminal complaint is based on these facts:
uContinued on the attached sheet.
Printed name and title
Attested to by the applicant in accordance with the requirements of Fed. R. Crim. P. 4.1 by Telephone.
Date:
City and state:
Printed name and title District of Columbia
United States o f America
v.
JOHN EARLE SULLIVAN
On or about the date(s) of January 6, 2021
Columbia
18 U.S.C. § 1752(a)
18 U.S.C. §§ 231(a)(3) & 2
40 U.S.C. § 5104(e)(2)Offense Description
Restricted Building or Grounds
Civil Disorders
Violent Entry or Disorderly Conduct
✔
Complainant’s signature
01/13/2021
Washington,D.C.Judge’s signature
U.S. Magistrate Judge
Matthew Fouler, Special Agent FBI
Robin M. Meriweather, Case 1:21-cr-00078-EGS Document 1 Filed 01/13/21 Page 1 of 1
1
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLUMBIA


UNITED STATES OF AMERICA : Case No :

Credit accountsS20,925B 17

Liab!tities

100.0096

0.00ß-321,155B 10

EsRmated nek vORh

-3229B93

\S229.93

50.00

S20,925B 17

S20,925.17

Viet'balance sheekv View decaitsCase 1:21-cr-00078-EGS Document 61 Filed 12/17/21 Page 14 of 17UNITED STATES DISTRICT COURT

FOR THE DISTRICT OF COLUMBIA

UN]TED STATES OF AMERICA

T 21 DCra78(EGS)

JOHN SULLIVAN

DECLARAT]ON OF JOHN SULLiVAN

l,John Suilivan,underthe penalty of pettury,dO hereby state and

amrm as fOllows:

1.I have only reå Wed$6,700.00 in commission fees f_ m my

father's business in 2021;

2.I currently have no other sources ofincome;

3.My monthiy rentis$1,944.32 1 have to rely on my parents to pay

my rnonthty renti

4.I have had to sea some of my personal efFects including carnera

equipmentto pay expensesin 2021;

5BI have not used rny rTlotorcycie since June 2021;

6.I cannot pay the insurance on rny autornobile and l expectthat my

insurance wia be canceled in the corning weeksi

fCase 1:21-cr-00078-EGS Document 61 Filed 12/17/21 Page 15 of 176.I have a negative account balance of$229.93 in rny(3hase Bank

account.Ihave a$236.98 balance in rny First C)redit Union Account.I have

no other bank accountsi

7.My health insurance with BIueC,w ossBIueShield was canceled and

i have a pending application for heaith insurance with Medicaid.l aiso have

a pending application fbrfood stamps.

3.My credK card debtis app_ ximately$20,925.17 and my credK

rating has d_ pped into the poor rating of 559B

9.My rnonthiy expenses are as fba owsi

a.Housing:$1,944.32

b.Telephone:$251.97

c.Prescription medications:$236.58

d.LegaI Fees(Pending case in Sait Lake Civ,Utah):$1,000

eo Electric,WateL(3as:$247.28

i Food:$400.00

go Gas:$260.00

h.Minimum CredR Card Payments:$1,028.65

1.Carinsurance:$121.34

J.Renters insurance:$28.30

K.Education:$250.00

L.Ciothing:S100B 00

M.Subscriptions:$250.00

TOTAL MONTHLY EXPENSES:$6,018.44Case 1:21-cr-00078-EGS Document 61 Filed 12/17/21 Page 16 of 1710:l arn not able to pay rny rnonthly expenses withoutfunds from my

parentsB

vohn Sua ivan

12-14-2021

DateCase 1:21-cr-00078-EGS Document 61 Filed 12/17/21 Page 17 of 17

1 UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLUMBIA UNITED STATES OF AMERICA V. Case No.: 21-cr-78 (EGS) JOHN SULLIVAN MOTION TO ADOPT AND JOIN RELEVANT PORTIONS OF MOTION TO DISMISS COUNT 2 OF THE INDICTMENT IN UNITED STATES v. CALDWELL, 21-cr-28 (APM) AND TO DISMISS COUNT 1 OF THIS SUPERSEDING INDICTMENT (Obstruction of an official proceeding does not apply to the Electoral College certification) Defendant, John Sullivan, by and through undersigned counsel, does hereby respectfully move for dismissal of Count 1 of the superseding indictment, ECF 56. Defendant does hereby additionally move to adopt and join all relevant legal arguments related to the Motion to Dismiss Count 2 of the fourth superseding indictment as forth in United States v. Caldwell, 21-cr-28 (APM), ECF 240 and the Motion for Reconsideration filed on December 24, 2021, 21-cr-28 (APM), ECF 566. In support thereof, defendant represents as follows: 1. Defendant has been indicted as one of many individuals for events at the United States Capitol on January 6, 2021. Specifically, and relevant Case 1:21-cr-00078-EGS Document 62 Filed 12/31/21 Page 1 of 42 to this pleading, is Count 1 of the superseding indictment, United States v. John Sullivan, 21-cr-78 (EGS) ECF 56, charging as follows: On or about January 6, 2021…John Sullivan, attempted, and did, corruptly obstruct, influence, and impede an official proceeding before Congress, specifically, Congress’s certification of the Electoral College vote as set out in the Twelfth Amendment of the Constitution of the United States and 3 U.S.C. §§ 158 Obstruction of an Official Proceeding and Aiding and Abetting, in violation of Title 18, U.S. Code §§ 1512 (c)(2) and 2. 2. Count 1 of this superseding indictment is the same as Count 2 in the fourth superseding indictment in United States v. Caldwell, 21-cr-28 (APM), ECF 196. On June 15, 2021 the defendant in United States v. Caldwell, 21-cr-28 (APM) filed a Motion to Dismiss Indictment, ECF 240. The Motion to Dismiss was denied on December 20, 2021, ECF 558. A Motion for Reconsideration was filed on December 24, 2021 and remains pending, ECF 566. The grounds for the Motion to Dismiss relevant to this proceeding is that the term official proceeding does not relate to the Electoral College certification. 3. A similar argument was raised before the Honorable Randolph D. Moss of this Court in United States v. Patrick Montgomery, 21-cr-46 (RDM). Oral argument was presented before Judge Moss on August 3, 2021. On Case 1:21-cr-00078-EGS Document 62 Filed 12/31/21 Page 2 of 43 December 28, 2021 Judge Moss entered an Order denying the Motion to Dismiss the count charging18 U.S.C. § 1512 (c)(2). 4. Defendant submits that the interests of judicial economy will best be served by permitting the joinder and adoption of arguments presented in the Motion to Dismiss Count 2 of the Indictment in United States v. Joseph Caldwell, and by joining and adopting the pending Motion for Reconsideration in 21-cr-28 (APM), ECF 566. 5. Should the Court have any additional questions, Defendant is prepared to submit further briefing on the issue raised in the Motion to Dismiss. WHEREFORE, the foregoing considered, defendant seeks leave to adopt and join the Motion to Dismiss Count 2 of the fourth superseding indictment as filed in United States v. Caldwell, 21-cr-28 (APM). Respectfully submitted, _______/s/_______________ Steven R. Kiersh #323329 5335 Wisconsin Avenue, N.W. Suite 440 Washington, D.C. 20015 (202) 347-0200 Case 1:21-cr-00078-EGS Document 62 Filed 12/31/21 Page 3 of 44 CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and accurate copy of the foregoing was served, via the Court’s electronic filing system, on this the ____31st____day of December, 2021 upon Candice Wong, Esquire, Assistant U.S. Attorney. ______/s/____________________ Steven R. Kiersh Case 1:21-cr-00078-EGS Document 62 Filed 12/31/21 Page 4 of 4

AO 91 (Rev. 11/11) Criminal Complaint

UNITED STATES DISTRICT COURT

for the

__________ District of __________

)

)))))Case No.

Defendant(s)

CRIMINAL COMPLAINT

I, the complainant in this case, state that the following is tr ue to the best of my knowledge and belief.

in the county of in the

District of , the defendant(s) violated:

Code Section

This criminal complaint is based on these facts:

uContinued on the attached sheet.

Printed name and title

Attested to by the applicant in accordance with the requirements of Fed. R. Crim. P. 4.1 by Telephone.

Date:

City and state:

Printed name and title District of Columbia

United States o f America

v.

JOHN EARLE SULLIVAN

On or about the date(s) of January 6, 2021

Columbia

18 U.S.C. § 1752(a)

18 U.S.C. §§ 231(a)(3) & 2

40 U.S.C. § 5104(e)(2)Offense Description

Restricted Building or Grounds

Civil Disorders

Violent Entry or Disorderly Conduct

✔

Complainant’s signature

01/13/2021

Washington,D.C.Judge’s signature

U.S. Magistrate Judge

Matthew Fouler, Special Agent FBI

Robin M. Meriweather, Case 1:21-cr-00078-EGS Document 1 Filed 01/13/21 Page 1 of 1

1

IN THE UNITED STATES DISTRICT COURT

FOR THE DISTRICT OF COLUMBIA

UNITED STATES OF AMERICA : Case No :