Heather has a new document dump:
http://i-uv.com/transcript-of-detention ... t-29-2017/
And boy, it's a howler. Much of it is the judge telling Heather she doesn't know what she's doing, explaining basic Federal procedure, and advising her to retain counsel.
Watch Heather's brilliant legal mind in action, as she takes on the challenging task of being sworn in!
THE COURTROOM DEPUTY: Do you solemnly swear or affirm to tell the truth, the whole truth, and nothing but the truth, so help you God? If so, please say, "I do."
THE DEFENDANT: I am source of all that is.
THE REPORTER: I'm sorry. I can't hear you.
THE DEFENDANT: I am source of all that is. I swear to speak true, accurate, and complete.
THE COURT: I don't know what that means. I didn't ask you what your source was. We just asked you if you are going to swear or if you're going to affirm that you will tell the truth.
THE DEFENDANT: I just said I swear to speak true, accurate, and complete.
THE COURT: Is that different?
THE DEFENDANT: Yes.
THE COURT: What is it? What's different about that and telling the truth?
THE DEFENDANT: Truth is a matter of perception, whereas speaking true, accurate, and complete gives you a full accurate record.
THE COURT: But it's not necessarily the truth?
THE DEFENDANT: It is the truth. I only speak truth. True, accurate, and complete.
THE COURT: Well, then I ask you, will you affirm to tell the truth?
THE DEFENDANT: I'm not trying to be difficult here. I'm saying that I will speak only true --
THE COURT: You are being difficult.
THE DEFENDANT: -- and complete --
THE COURT: You are being difficult, because I just asked you will you tell the truth.
THE DEFENDANT: I will speak truthfully.
THE COURT: And is that different than telling the truth?
THE DEFENDANT: No, it's the same thing.
THE COURT: Okay.
THE DEFENDANT: The truth -- anyway.
THE COURT: That's good. Telling the truth and speaking truthfully are the same thing.
THE DEFENDANT: The other version means that there is room for perception. There's room for not speaking truth -- true, accurate, and complete. I'm telling you I speak only true, accurate, and complete.
The judge quickly figures out who he's dealing with:
THE COURT: Okay. So it is still then your desire to represent yourself and give up your right to be represented by an attorney.
THE DEFENDANT: It is my preference. And it is my choice that I'm going to implement to move forward as myself to present as myself and to present this case by my own --
THE COURT: Is it going to be that any descriptive word I use you're going to pick another word?
The prosecution objects to Heather getting indigent legal support when she appears to have significant financial means, citing her and her group staying at the Trump Hotel at $700 a night. (Edited to add: Heather said they paid $369, divided among 3 people.) Then this happens:
THE COURT: So -- okay. So, generally, here's the questions I usually ask people. So all the money you have in all the bank accounts, security account, any kind of account of any nature is $48?
THE DEFENDANT: Yes. Other than the treasury direct deposit account, yes.
THE COURT: Other than what?
THE DEFENDANT: An account that I don't have access to, which is what I believe that they're alleging a conspiracy against.
This after the judge had warned Heather at length about not incriminating herself. But the judge allows it:
THE COURT: All right. All right. I'm going to find that she qualifies at this point to have appointed standby counsel. I'm appointing you, Mr. Lloyd, to serve as elbow or standby counsel pursuant to the Criminal Justice Act, 18 U.S. Code Section 3006A. It is my hope that you will aid and, to some extent, relieve me of having to explain and enforce all the basic rules of courtroom protocol, procedure, and decorum. You should help Ms. Tucci-Jarraf with regard to procedural and evidentiary obstacles that she might find in completing a task, like we mentioned earlier, introducing evidence or objecting to testimony. And also you can provide her technical assistance in the presentation of her defense and preserving the record for appeal.
The prosecution argues for detention, calling Heather a flight risk for all the reasons we know. The prosecution makes an opening statement, and Heather says:
MS. TUCCI-JARRAF: Well, first off, I'd like to state across the board that U.S.A. does not carry her burden.
THE COURT: Say what?
MS. TUCCI-JARRAF: That the U.S. attorney did not carry her burden to prove that I would be a flight risk.
She didn't carry her burden in the opening statement.
My travel, extensive travel over the years, I do acknowledge that I have had extensive travel, but it was for my work. I had over 250 corporations that I had to foreclose on throughout the world.
This after saying in the prior section she had no job, $48 in the bank, and a husband who made less than $30,000 a year working at Logan Airport. She then says she is staying at an AirBNB which she has prepaid for - $824, paid by "one of her colleagues," a William T. "Bill" Ferguson.
Heather has her Clarence Darrow moment:
MS. TUCCI-JARRAF: Yes, Your Honor. All that the government has offered assumes that I will not honor my obligations to this -- to bail or to Court or to the honor of the letter of the law that we are addressing in these matters. I have dedicated my life for 17 years to law, and I understand
when there -- regardless of whether there's a disagreement or a different position as far as what law is applicable, I have
always, always gone in to reconcile those matters in a very peaceful way and always honoring my obligations.
I have sworn to this Court under oath that I am going to be making these court appearances. You have already on the record that I did have a criminal matter that I had to attend to in Washington state, which I didn't have any failure to appears.
I've never failed to appear.
I have been a member of the bar system. I've been a member of the courts, an officer of the courts at one time. And I understand the implications as well as the importance of meeting these obligations.
It seems Heather is quite capable of turning off the crazy to get what she wants. Reminds of me Michael Richards' "bowtie killer" character.
She convinces the judge:
THE COURT: All right. So I think what I'm hearing, Ms. Davidson, is she at least accepts my authority for purposes of her release, although she still retains and reserves the right to argue about the Court's overall jurisdiction, either over her or over the case or both. Is that a fair statement,
MS. TUCCI-JARRAF: That is a true and accurate and complete statement. Thank you.
Then a bunch of standard release conditions talk But Heather has to make another oddly specific request that betrays her lack of understanding of the process:
MS. TUCCI-JARRAF: May I just make one request of this Court?
THE COURT: Sure.
MS. TUCCI-JARRAF: If they could write "forthwith" just at the top. I know that, as you said, we're at the mercy of them, but if you could put "forthwith" at the top of the release order.
THE COURT: That order doesn't go to them. That order is for you. They will be orally instructed to process you out. Mr. Sanchez, if you will ask them to process her forthwith.
The judge addresses Heather's odd signature:
THE COURT: All right. So you've signed your name and you've added all this stuff again. "With full responsibility and liability," what does that -- how is that different than just signing your name? What does that change?
MS. TUCCI-JARRAF: Just an express -- that's the signature I use so that if there's anything -- the without prejudice, because there's three there. With responsibility, liability, and without prejudice, meaning if there's something that's not in that contract that is applicable, but hasn't been
told to me, so a disclosure of material fact, then it's -- then it can't prejudice me. However, everything that you've stated
in there, I'm fully responsible and liable for agreeing to those terms.
THE COURT: Well, I don't really know what that means. But I can't assure you that any of that will have any legal significance just because you stuck it in there.
MS. TUCCI-JARRAF: It's okay.
THE COURT: Okay. I just wanted you to know that.
MS. TUCCI-JARRAF: I accept that. It's your position.
THE COURT: All right. I will, though, approve with my signature only your release.
The transcript goes on to say the trial will be pushed to let Heather file her jurisdiction motion, and let it go through the inevitable appeals process before the trial begins.