I checked the docket to see what they had to say for themselves. This appears to be the key paragraph in their opposition to the motion to dismiss.
Loganbill pins his entire analysis on a single provision of the STA, 18 U.S.C. §
3161(h)(1)(H). That provision excludes “delay reasonably attributable to any period, not to exceed
30 days, during which any proceeding concerning the defendant is actually under advisement by
the court.” Although accurate in some respects, Loganbill’s analysis ultimately fails for the
following reasons. First, and as explained below, he miscalculates the period when his motions
were excluding time because they were under advisement by this Court. Second, even when his
miscalculation is corrected, Loganbill’s argument can succeed only if no other exclusions apply.
Finally, Loganbill overlooks another pending motion that stopped the STA clock under a different
provision of the STA. Accordingly, this Court can and should reject his calculations and his claim
of an STA violation.
His attorney replied:
The
government’s Opposition lays bare that it has no valid argument that a trial past July
10, 2023, would not violate the STA. First, the government essentially argues that
because Magistrate Judge Harvey has not yet determined whether recoupment of
costs for court-appointed counsel is warranted and he will not make that
determination until the end of the case, the Speedy Trial Act is tolled indefinitely.
The government’s argument on this point is so strained and nonsensical that it
exposes the weakness in the government’s position. Second, the government is
incorrect when it argues that the Court may exclude time “nunc pro tunc.” Finally,
the government argues that if the Court finds dismissal is warranted, the Indictment
should be dismissed without prejudice. The government made the decision to indict
Mr. Loganbill (along with hundreds of other January 6 defendants) long before it was
ready for trial and for two years, it represented that a misdemeanor resolution could
be appropriate, which caused Mr. Loganbill to agree to the exclusion of time. The
Court should not sanction the government’s machinations here and should dismiss
the Indictment with prejudice.
ABJ obviously agreed (except about dismissing with prejudice), and it is another example that shows that the DC court is interested in applying justice, rather than being out to get MAGAs.
I suppose it is possible that the government could refile against him, but I doubt they will.
"Spirits in the shape of hawks and eagles flew ever to and from his halls; and their eyes could see to the depths of the seas, and pierce the hidden caverns beneath the world."