FEDERAL COURTHOUSE, June 20 – Amid protests about the murder of George Floyd, late on May 30 the U.S. Attorney for the Eastern District of New York got a complaint signed by Magistrate Judge Sanket J. Bulsara about a Molotov cocktail attack on an NYPD vehicle.
Inner City Press, which covered the protests in Foley Square and at One Police Plaza on May 29 (video here and edited here), and aftermath on Fifth Avenue on May 30, publishes the complaint (later-written song on Soundcloud).
On June 5 the Second Circuit Court of Appeals heard the government's appeal of the release of Mattis and Rahman. Inner City Press live tweeted it, here, and see below.
Now on June 20 Inner City Press is publishing the EDNY transcript, and Collinford Mattis' reply brief to the Second Circuit, both attached herebelow.
On June 19 the prosecutors' reply brief said that "Rahman gave a video-taped interview earlier in the evening of the firebombing, during which she stated, among other things: “This s–t won’t ever stop unless we f–kin’ take it all down,” “I think the mayor should have done that [held back the NYPD], because if he really cared about his police officers, he should have realized that it’s not worth them getting hurt,” and “This has got to stop. And the only way they hear, the only way they hear us is through violence, through the means that they use.” The video is here, from 4 hour 30 minutes.
A letter is being circulated supporting Rahman, with more than 230 signatures, and a fundraiser with $87,000 up from $79,000 only the night before: "An Open Letter from the Fordham Law Community concerning Urooj Rahman ‘15 and Colin Mattis: As current Fordham Law students, student organizations, faculty, staff and alumni, we write to express our deep dismay with the federal government’s aggressive charging and pursuit of the pre-trial detention of Urooj Rahman, a 2015 Fordham Law graduate, and Colinford (“Colin”) Mattis. Urooj and Colin are attorneys of color and respected community members who were arrested on May 30, 2020 while protesting the murder of George Floyd and systemic anti-Black police brutality. On that day, Urooj and Colin took part in an unprecedented national and global uprising that comprised hundreds of thousands of people. Throughout this uprising, we have witnessed the Trump Administration’s attempts to distract from the reality of police brutality. This includes President Trump’s conspiracy theories about Martin Gugino, the 75-year old protestor who was hospitalized after being assaulted by Buffalo police officers; and his tear-gassing of protestors for a photo opportunity in front of the White House. The disproportionate prosecution of Urooj and Colin is another iteration of the Trump administration’s attempt to detract from police violence in the US. And indeed, Rahman, a Pakistani Muslim immigrant and Mattis, a young Black man, are convenient scapegoats given this country’s deeply entrenched and violent history of anti-Black racism and Islamophobia. We believe that the Department of Justice’s prosecution and efforts to incarcerate Urooj and Colin are a gross overreach of federal law enforcement power, and an attempt to stifle and delegitimize dissent against police brutality. Urooj and Colin are facing charges of attempting to burn an unoccupied and already damaged NYPD vehicle during nationwide protests. There is no indication that anyone was in the immediate vicinity when they allegedly committed these acts. ... Urooj has long been engaged in advocacy on the over-policing of Black and Brown communities in New York, particularly around the targeting and over-surveillance of Muslims after 9/11. She is a graduate of Fordham College and Fordham Law School. As a law student, Urooj co-directed an LGBTQI human rights defender training in Cape Town, South Africa. She also worked to assist and advocate for refugees fleeing to Turkey, providing direct services to asylum seekers in Istanbul. In her final year, Urooj championed the preservation of our constitutional protections through her work at the Center for Constitutional Rights and Fordham Law’s Center for National Security. As an attorney, Urooj worked at Bronx Legal Services, providing legal representation for low-income tenants in housing court. Urooj is a loving daughter, sister, aunt, and friend. She lives with and cares for her elderly mother in Bay Ridge, Brooklyn where she grew up. Like Urooj, Colin is a devoted advocate for Black and Latinx youth, and his commitment to race equity has profoundly enriched the communities he is a part of. In 2019, Colin was recognized by Her Justice for his outstanding pro bono advocacy for low-income women. Outside of work and after the recent death of his mother, Colin has taken on the responsibility of raising three young foster siblings and has provided for his family with emotional and financial support. We, the undersigned, stand in solidarity with Urooj and Colin and call on the federal government to drop these politically motivated charges and its aggressive pursuit of detention without bail. Two well-respected federal judges both decided that Urooj and Colin should safely await trial in their communities. The federal government should not be allowed to use this prosecution as a weapon to silence the voices of those demanding the change that this country so desperately needs."
On June 5 Inner City Press noted even that that the forthcoming decision might turn on EDNY District Judge Brodie's failure to mention the applicable presumption.
Now after 5 pm on June 5, this remand: "The Government moves for a stay, pending appeal, of the district court’s order releasing Defendants-Appellees on bond, subject to conditions including home detention and electronic monitoring. It is hereby ORDERED that the stay motion is GRANTED. Whether to grant a stay is “an exercise of judicial discretion” that requires consideration of the relevant factors, including, most critically, the likelihood of success on the merits and irreparable harm to the movant absent a stay. Nken v. Holder, 556 U.S. 418, 433–34 (2009) (quoting Virginian Ry. Co. v. United States, 272 U.S. 658, 672 (1926)). The United States Marshals are directed to take Defendants into custody forthwith. Defendants shall be detained pending further order of this Court. It is further ORDERED that the appeal shall be expedited." Full order on Patreon here. Watch this site.
Live tweeted thread of appeal argument here.