The owner of a Pennsylvania pizzeria who was filmed ordering the police to “bring Nancy Pelosi outside” to the crowd of donald trump Supporters who stormed the Capitol on January 6 lost her bid to overturn a judge’s ruling that she would be detained pending trial.
Pauline Bauer, 54, had asked the United States Court of Appeals for the District of Columbia Circuit to overrule the U.S. District Judge Trevor McFadden September order revoking his interim release.
During a contentious hearing that featured a biblical back-and-forth between the defendant and the judge, McFadden told Bauer he was reluctant to remand her in custody and acknowledged that she was not a danger to society, but he had doubts about his will. respect the conditions of his release.
“I’m not a person,” Bauer insisted during a court appearance as affirming have diplomatic immunity by appearing as a self-proclaimed “friend of the court”.
McFadden, a donald trump named, denied Bauer’s later requests to reconsider her detention order, so she took her case to the United States Court of Appeals for the District of Columbia.
In her appeal brief, Bauer repeatedly stated that she was neither a flight risk nor a danger to the community, although those were not the exact reasons for McFadden’s detention order.
Bauer also said the terms of her release were not specific enough for her to track or understand the consequences.
“The order setting the conditions of release does not specify that Ms. Bauer was required to make weekly telephone calls or to authorize a home visit,” she argued. “He simply stated that Ms. Bauer was required to ‘submit to supervision and report to supervision of the Western District of Pennsylvania, as instructed’. The phrase ‘submit to supervision’ is not sufficiently clear and specific to tell Ms. Bauer that she was required to call the pre-trial services weekly or submit to a home inspection and that failure to do so would subject her to remand.
Bauer’s brief recalled her earlier assertions that she is not under the court’s jurisdiction, but rather that she is “here by special appearance.”
Bauer also argued that the federal corruption charge against her had never before been used “to prosecute individuals engaged in political protests, whose conduct could have delayed or even suspended congressional proceedings or ‘other government procedures’. Bauer added that several Jan. 6 defendants charged under the federal corruption law have decided to dismiss the charge, though she did not mention that six judges have so far denied those attempts.
Bauer’s appeal was before the circuit judges Robert Wilkin, a barack obama named person; Neomi Rao, a Trump appointee; and Ketanji Brown Jackson, a Joe Biden appointed.
“The appellant’s arguments against detention fail,” the three-judge panel said in Monday’s judgment. “Even assuming the appellant’s challenges are timely and therefore properly before the court, we discern no error given the appellant’s repeated insistence that the district court had no jurisdiction over her and the thorough explanation of the conditions provided by both the district court and the trial judge.”
The judges also rejected Bauer’s argument that McFadden erred in ordering her detention under the federal detention law, saying she could not show “palpable error” because neither the circuit court nor had the United States Supreme Court ruled on this specific issue.
Finally, the committee denied Bauer’s attempt to appeal a district court’s order postponing consideration of his second motion for reconsideration. The justices noted that Bauer had asserted no basis for the court’s jurisdiction to review the order and did not mention it in his appeal brief.
“In any event, the order is not subject to appeal under [federal direct appeal statutes], nor is it appealable under the collateral order doctrine,” the judges added.
On Jan. 6, Bauer was seen in DC Metro Police body-worn camera footage as rioters stormed past the Capitol building in an attempt to prevent Congress from certifying the results of Biden’s victory in the the 2020 presidential race.
“Get them out,” Bauer told police, according to prosecutors. “We want them here… Get them out or we’re in.” Get them out now. They are criminals. They need to hang on. Get her out. Bring Nancy Pelosi here now. We want to hang this fucking bitch. Get her out. We’re going in if you don’t get her out. What are you trying to protect a fucking Nazi. Is that what you’re protecting?
Bauer was no less colorful during her hearings.
“I am here by a special divine appearance, a living soul,” Bauer had said during a court appearance via Zoom in June, according to a daily beast report. She didn’t want a lawyer, she said, and insisted she doesn’t “follow the law.” Under Genesis 1, God gave man dominion over the law.
Bauer currently has a motion to dismiss pending before McFadden. He is to be heard on February 18.
Read the appeals court order below.
[Image via FBI]
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