The two men charged with conspiring to assault Officer Brian Sicknick at the Capitol (se: https://www.buzzfeednews.com/article/davidmack/capitol-riot-brian-sicknick-two-charged-assault) are having their arraignment in DC this morning — George Tanios is going first, pleads not guilty, and AUSA says govt is working on producing "substantial discovery"
Tanios' lawyer says they plan to argue that he should be released pending trial and will file a motion soon to challenge an order from a federal magistrate judge last month granting the govt's motion to keep him behind bars (see: https://www.buzzfeednews.com/article/zoetillman/capitol-police-brian-sicknick-death-george-tanios-jailed)
Appears there was a mix-up regarding Julian Khater's transportation and he's not available for the hearing. His lawyer Joseph Tacopina says they're preparing a "substantial" pretrial release proposal to present to prosecutors, and are prepared to argue it if govt doesn't agree
Judge Thomas Hogan asks the govt and defense lawyers to make sure to address the DC Circuit's opinion in the Munchel case, and indicates the challenge for Tanios/Khater will be that Munchel involved defendants who weren't charged with specific acts of violence (whereas they are)
Clarification to the first tweet in this thread — Khater already had his arraignment on Friday, so this was just a status hearing for him. Here's @kpolantz on that (Khater's lawyer said today they haven't presented a bail package to the govt yet): https://www.cnn.com/2021/04/09/politics/capitol-riot-bear-spray-plea/index.html