johnearlesullivan/capitol · Datasets at Hugging Face

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2. Counsel for defendant s recently obtained access to the FPD Relativity workspace . As
noted, m any of the materials previously produced via filesharing, including those in the
production described in paragraph 1, are currently available to search, review, and Case 1:21-cr-00078-EGS Document 69 Filed 03/02/22 Page 1 of 42
download as necessary in the database; keyword searches, for instance, may be
performed.
3. Counsel for the defendant anticipates being in a homicide trial commencing this week
in D.C. Superior Court.
4. Counsel for the government anticipates being in an approximately two- week trial in
this Court beginning on March 10, 2022.
5. The undersigned anticipates the continued production of additional discovery to t he
defendant, including defendant -specific materials , in the near future . Given counsel
for the defendant’s interest in reviewing the voluminous discovery materials, including
the most recent productions on the Relativity workspace, and the government’s
continued production of discovery materials to defense counsel , the parti es seek an
additional continuance of approximately 45 days or another date thereafter at the
Court’s convenience . The additional time will afford the parties time to continue to
produce and review discovery.
6. The need for reasonable time to address discovery obligations is among multiple pretrial preparation grounds that Courts of Appeals, including our Circuit, have routinely held sufficient to grant continuances and exclude time under the Speedy Trial Act – and in cases involving far less complexity in te ’rms of the volume and
nature of data, and the number of defendants entitled to discoverable materials. See,
e.g., United States v. Bikundi , 926 F.3d 761, 777- 78 (D.C. Cir. 2019) (upholding
ends-of-justice continuances totaling 18 months in two co- defendant health care f raud
and money laundering conspiracy case, in part because the District Court found a need to “permit defense counsel and the government time to both produce discovery Case 1:21-cr-00078-EGS Document 69 Filed 03/02/22 Page 2 of 43
and review discovery” ); United States v. Gordon, 710 F.3d 1124, 1157- 58 (10th Cir.
2013) (upholding ends -of-justice continuance of ten months and twenty- four days in
case involving violation of federal securities laws, where discovery included
“documents detailing the hundreds of financial transactions that formed the basis for the charges” and “hundreds and thousands of documents that needs to be catalogued and separated, so that the parties could identify the relevant ones”) (internal quotation marks omitted); United States v. O’Connor , 656 F.3d 630, 640 (7th Cir. 2011)
(upholding ends -of-justice continuances totaling five months and 20 days in wire
fraud case that began with eight charged defendants and ended with a single defendant exercising the right to trial, based on “the complexity of the case, the magnitude of the discovery, and the a ttorneys’ schedules”) .
WHEREFORE, the parties respectfully request that this Court grant the motion for a n
approximately 45- day continuance of the above -captioned proceeding, and tha t the Court exclude
the time within which the trial must commence under the Speedy Trial Act, 18 U.S.C. § 3161 et seq., on the basis that the ends of justice served by taking such actions outweigh the best interest
of the public and the defendant in a spee dy trial pursuant to the factors described in 18 U.S.C. §
3161(h)(7)(A), (B) (i), (ii), a nd (iv) , and failure to grant such a continuance would result in a
Case 1:21-cr-00078-EGS Document 69 Filed 03/02/22 Page 3 of 44
miscarriage of justice .
Respectfully submitted,
MATTHEW M. GRAVES
United States Attorney
D.C. Bar Number 481052

By: /s/ Candice C. Wong
Candice C. Wong
D.C. Bar No. 990903
Assistant United States Attorney
555 4th Street, N.W., R oom 4816
Washington, D.C. 20530
(202) 252- 7849
candice.wong@usdoj.gov

Case 1:21-cr-00078-EGS Document 69 Filed 03/02/22 Page 4 of 4
Case 1:21-cr-00078-EGS Document 8 Filed 02/03/21 Page 1 of 3Case 1:21-cr-00078-EGS Document 8 Filed 02/03/21 Page 2 of 3Case 1:21-cr-00078-EGS Document 8 Filed 02/03/21 Page 3 of 3
01/13/2021 01/14/2021
Salt Lake City, Utah
01/14/2021
Matthew Foulger, Special Agent FBI
Case 1:21-cr-00078-RCL Document 17 Filed 02/04/21 Page 1 of 1
1
UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLUMBIA


UNITED STATES OF AMERICA :
:
:
v. : No. 21- mj-50 (RMM )
:
:
JOHN EARLE SULLIVAN, :
:
Defendant. :


GOVERNMENT ’S MEMORANDUM
IN SUPPORT OF PRE -TRIAL DETENTION

The United States of America, by and through its attorney, the United States Attorney for
the District of Columbia, respectfully submits this memorandum in support of its oral motion that
the d efendant , John Earle Sulliva n, be detained pending trial pursuant to 18 U.S.C. §§ 3148 and
3142(f)(2)(B) and (g). The defendant was a brazen, vocal participant in the disruption and
disorder surrounding the events on January 6, 2021, at the U.S. Capitol. Since his release on
string ent conditions on January 15, 2021, he has repeatedly flouted court -imposed conditions .
The alleged violations prompted the magistrate judge in the arresting jurisdiction to convene a
hearing earlier this week on February 1, 2021, at which she expressed s erious concerns about the
allegations , yet decided – in light of the defendant’s imminent initial appearance in the District of
Columbia – to defer resolution to this Court. This Court, with the matter now transferred and
under its jurisdiction, should hold the defendant to account : The clear and convincing evidence
from the defendant’s own supervision officer is that the defendant has repeatedly attempted to
circumvent fundamental conditions of his release, warranting revocation and demonstrating his Case 1:21-cr-00078-EGS Document 6 Filed 02/04/21 Page 1 of 262
unwillingness to abide by any combination of conditions of release. These violations only further
underscore that there are serious risks that this defendant will obstruct or attempt to obstruct justice
and that he continues to pose a recurring threat to the safety of the community – risks that cannot
redressed by any combination of release conditions .
The government respectfully requests that the following points and authorities, as well as
any other facts, arguments and authorities presented orally , be considered in the Court’s
determination regarding pre -trial detention.
BACKGROUND
Factual Background
Sullivan is the leader of an organization called Insurgence USA through which he organizes
protests. On January 7, 2021, the defendant participated in a voluntary interview with a Federal
Bureau of Investigation Special Agent in Washington, D.C. The defendant stated that he was in

2. Counsel for defendant s recently obtained access to the FPD Relativity workspace . As

noted, m any of the materials previously produced via filesharing, including those in the

production described in paragraph 1, are currently available to search, review, and Case 1:21-cr-00078-EGS Document 69 Filed 03/02/22 Page 1 of 42

download as necessary in the database; keyword searches, for instance, may be

performed.

3. Counsel for the defendant anticipates being in a homicide trial commencing this week

in D.C. Superior Court.

4. Counsel for the government anticipates being in an approximately two- week trial in

this Court beginning on March 10, 2022.

5. The undersigned anticipates the continued production of additional discovery to t he

defendant, including defendant -specific materials , in the near future . Given counsel

for the defendant’s interest in reviewing the voluminous discovery materials, including

the most recent productions on the Relativity workspace, and the government’s

continued production of discovery materials to defense counsel , the parti es seek an

additional continuance of approximately 45 days or another date thereafter at the

Court’s convenience . The additional time will afford the parties time to continue to

produce and review discovery.

6. The need for reasonable time to address discovery obligations is among multiple pretrial preparation grounds that Courts of Appeals, including our Circuit, have routinely held sufficient to grant continuances and exclude time under the Speedy Trial Act – and in cases involving far less complexity in te ’rms of the volume and

nature of data, and the number of defendants entitled to discoverable materials. See,

e.g., United States v. Bikundi , 926 F.3d 761, 777- 78 (D.C. Cir. 2019) (upholding

ends-of-justice continuances totaling 18 months in two co- defendant health care f raud

and money laundering conspiracy case, in part because the District Court found a need to “permit defense counsel and the government time to both produce discovery Case 1:21-cr-00078-EGS Document 69 Filed 03/02/22 Page 2 of 43

and review discovery” ); United States v. Gordon, 710 F.3d 1124, 1157- 58 (10th Cir.

2013) (upholding ends -of-justice continuance of ten months and twenty- four days in

case involving violation of federal securities laws, where discovery included

“documents detailing the hundreds of financial transactions that formed the basis for the charges” and “hundreds and thousands of documents that needs to be catalogued and separated, so that the parties could identify the relevant ones”) (internal quotation marks omitted); United States v. O’Connor , 656 F.3d 630, 640 (7th Cir. 2011)

(upholding ends -of-justice continuances totaling five months and 20 days in wire

fraud case that began with eight charged defendants and ended with a single defendant exercising the right to trial, based on “the complexity of the case, the magnitude of the discovery, and the a ttorneys’ schedules”) .

WHEREFORE, the parties respectfully request that this Court grant the motion for a n

approximately 45- day continuance of the above -captioned proceeding, and tha t the Court exclude

the time within which the trial must commence under the Speedy Trial Act, 18 U.S.C. § 3161 et seq., on the basis that the ends of justice served by taking such actions outweigh the best interest

of the public and the defendant in a spee dy trial pursuant to the factors described in 18 U.S.C. §

3161(h)(7)(A), (B) (i), (ii), a nd (iv) , and failure to grant such a continuance would result in a

Case 1:21-cr-00078-EGS Document 69 Filed 03/02/22 Page 3 of 44

miscarriage of justice .

Respectfully submitted,

MATTHEW M. GRAVES

United States Attorney

D.C. Bar Number 481052

By: /s/ Candice C. Wong

Candice C. Wong

D.C. Bar No. 990903

Assistant United States Attorney

555 4th Street, N.W., R oom 4816

Washington, D.C. 20530

(202) 252- 7849

candice.wong@usdoj.gov

Case 1:21-cr-00078-EGS Document 69 Filed 03/02/22 Page 4 of 4

Case 1:21-cr-00078-EGS Document 8 Filed 02/03/21 Page 1 of 3Case 1:21-cr-00078-EGS Document 8 Filed 02/03/21 Page 2 of 3Case 1:21-cr-00078-EGS Document 8 Filed 02/03/21 Page 3 of 3

01/13/2021 01/14/2021

Salt Lake City, Utah

01/14/2021

Matthew Foulger, Special Agent FBI

Case 1:21-cr-00078-RCL Document 17 Filed 02/04/21 Page 1 of 1

1

UNITED STATES DISTRICT COURT

FOR THE DISTRICT OF COLUMBIA

UNITED STATES OF AMERICA :

:

v. : No. 21- mj-50 (RMM )

:

JOHN EARLE SULLIVAN, :

:

Defendant. :

GOVERNMENT ’S MEMORANDUM

IN SUPPORT OF PRE -TRIAL DETENTION

The United States of America, by and through its attorney, the United States Attorney for

the District of Columbia, respectfully submits this memorandum in support of its oral motion that

the d efendant , John Earle Sulliva n, be detained pending trial pursuant to 18 U.S.C. §§ 3148 and

3142(f)(2)(B) and (g). The defendant was a brazen, vocal participant in the disruption and

disorder surrounding the events on January 6, 2021, at the U.S. Capitol. Since his release on

string ent conditions on January 15, 2021, he has repeatedly flouted court -imposed conditions .

The alleged violations prompted the magistrate judge in the arresting jurisdiction to convene a

hearing earlier this week on February 1, 2021, at which she expressed s erious concerns about the

allegations , yet decided – in light of the defendant’s imminent initial appearance in the District of

Columbia – to defer resolution to this Court. This Court, with the matter now transferred and

under its jurisdiction, should hold the defendant to account : The clear and convincing evidence

from the defendant’s own supervision officer is that the defendant has repeatedly attempted to

circumvent fundamental conditions of his release, warranting revocation and demonstrating his Case 1:21-cr-00078-EGS Document 6 Filed 02/04/21 Page 1 of 262

unwillingness to abide by any combination of conditions of release. These violations only further

underscore that there are serious risks that this defendant will obstruct or attempt to obstruct justice

and that he continues to pose a recurring threat to the safety of the community – risks that cannot

redressed by any combination of release conditions .

The government respectfully requests that the following points and authorities, as well as

any other facts, arguments and authorities presented orally , be considered in the Court’s

determination regarding pre -trial detention.

BACKGROUND

Factual Background

Sullivan is the leader of an organization called Insurgence USA through which he organizes

protests. On January 7, 2021, the defendant participated in a voluntary interview with a Federal

Bureau of Investigation Special Agent in Washington, D.C. The defendant stated that he was in