Ex-assistant U.S. attorneys say the case has the potential to set bad bail law precedent.
NEW YORK — Over 50 former federal prosecutors are urging an appeals court to cast aside the government's ongoing detention bid for a pair of activists — attorneys by trade — charged in a molotov cocktail attack on a marked police car, on a violence-ridden night of protests after the death of George Floyd in police custody in Minneapolis.Colinford Mattis and Urooj Rahman, both lawyers, had been freed on home detention, on $250,000 bonds, collateralized by family and friends, until the U.S.
“This Court should reject the government’s argument that factors existing prior to an alleged offense — such as strong family and community ties, stable employment, stable addresses, and lack of criminal history — are inherently insufficient to defeat the presumption and support bail in a case involving dangerousness,” legal representatives for the former Justice Department officials wrote in an amicus brief filed Tuesday.
The defendants did not act rationally when they risked their hard-earned livelihoods to commit the potentially deadly act and therefore could not be trusted to refrain from such behavior if released, prosecutors have argued during the bail proceedings. Mattis, who attended Princeton University, was reportedly fired from his law firm. Rahman at the time of her arrest was representing indigent defendants in Bronx housing court.
The former federal counselors criticized the U.S. attorney’s “novel legal position that any facts that existed prior to a defendant’s alleged criminal conduct . . . are insufficient to assure the safety of the community and thus cannot support a bail order,” according to the filing to the 2nd Circuit by Jacobs and Kim.
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