The specific form of the Pennsylvania pizzeria owner who is said to have fought to get into the US Capitol on January 6 will remain behind bars, despite citizen-inspired arguments that have sovereign that she is “not human,” a federal judge ruled.
Pauline Bauer, 54, reportedly asked the DC police to “get Nancy Pelosi out here now” because she and other Democrats “need to hang.” Representing herself, she has repeatedly tried and failed to invoke the arguments of sovereign citizens to get out of prison pending trial.
Prosecutors say police body-worn camera footage captured Bauer in front of a crowd of Donald Trump Supporters inside the Capitol Rotunda on Jan. 6. Undaunted by past legal failures, Bauer asked the U.S. District Judge Trevor McFadden to review his previous orders to keep her behind bars awaiting trial.
“I was wrong to disagree on your terms,” Bauer, who appeared via video from the prison, said during a status meeting on Friday. “My father had a stroke, my sisters were devastated… I was just wondering if you would consider releasing me in solitary confinement at home so I can take care of my father.”
McFadden, a Trump appointee, declined her request.
“At this point, I will not be reviewing your release conditions. As you may know, the circuit court recently upheld my decision,” the judge said, reminding Bauer that her appeal against his remand order was positive at the end of January.
Since her arrest in May, Bauer has repeatedly failed to comply with the conditions of her pre-trial release, which led to McFadden ordering her back to prison in September.
Bauer also seems to believe she has been charged with a violent crime and asks Bauer to review a video from Rotunda that she says proves she was not nearby when an officer was assaulted.
McFadden reminded Bauer that although some of the charges against her were classified as “violent intrusion” on the Capitol groundsshe wasn’t actually charged with committing the act of violence.
“People [prosectors] McFadden said. “You have not been charged with any of that. I know these charges are about violent trespassing, but these charges relate to misdemeanors related to protests in the Capitol building… I have other cases where people have been charged with assault. officer and you are not facing assault charges. ”
Bauer .’s attorney Carmen Hernandeznotes that Bauer’s 90-year-old father has had heart surgery and has been hospitalized twice this year, telling McFadden to expect a more formal move for pre-trial release.
“She wants to file a petition to review the conditions of release,” Hernandez said. “I am notifying the court that you may receive a petition for reconsideration.”
“Understood,” McFadden said. “I’ll definitely consider it.”
“I’m not going anywhere,” Bauer could hear the words behind him.
Bauer also signaled that she would try to get personal information from Capitol Police officers, likely because body-worn camera footage wasn’t available.
“Capitol police, don’t they have body cameras?” Bauer asked.
“I don’t know,” McFadden replied. “I wouldn’t be surprised if they didn’t.”
Assistant US Attorney James Peterson confirmed that most Capitol Police officers do not have body-worn cameras.
“Some police departments have them, others don’t, Mrs. Bauer,” McFadden said.
“Are they required to submit their phone and email information?” Bauer asked.
“I didn’t know that, ma’am,” McFadden said, telling Bauer that she needed to file a petition to get that information.
“I am not inclined to ask all Capitol Police to turn over emails, but if they have specific information that you think you are entitled to, I encourage you to speak to Ms. Hernandez about it and it could be your move. filed next month,” McFadden said.
McFadden also indicated that he would consider a motion to dismiss the obstruction charge filed by Hernandez, according to a ruling from the Trump-appointed judge. Carl NicholsWho is the first judge to make such a recommendationa far cry from his more than 10 colleagues on the bench.
Bauer’s trial is set for July 5.
[Images via FBI court filings.]
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https://lawandcrime.com/u-s-capitol-breach/judge-again-denies-release-request-from-pa-pizzeria-owner-who-insisted-she-was-not-a-person-while-fighting-jan-6-charges/ Judge holds January 6 Defendant Pauline Bauer behind the bar