The corporeal form of the Pennsylvania pizzeria owner who allegedly fought her way into the U.S. Capitol on Jan. 6 will remain behind bars, despite her sovereign citizen-inspired arguments that she is “not a person,” a federal judge ruled.
Pauline Bauer, 54, allegedly demanded that D.C. police “bring Nancy Pelosi out here now” because she and other Democrats “need to hang.” Representing herself, she has tried, and failed, repeatedly to invoke sovereign citizen talking points to spring herself out of jail pending trial.
Prosecutors say that police body-worn camera footage captured Bauer at the front of the mob of Donald Trump supporters inside the Capitol Rotunda on Jan. 6. Not to be deterred by past legal defeats, Bauer asked U.S. District Judge Trevor McFadden to reconsider his previous orders keeping her behind bars pending trial.
“I was wrong not to agree to your terms,” Bauer, appearing via video from jail, said in a status conference on Friday. “My father suffered a stroke, my sisters are overwhelmed … I just wondered if you would consider my release to home confinement so I could take care of my father.”
McFadden, a Trump appointee, declined her request.
“I’m not going to reconsider at this point your conditions of release. As you may know, the circuit court recently upheld my determination,” the judge said, reminding Bauer that her appeal of his detention order was affirmed in late January.
Since her arrest in May, Bauer has repeatedly failed to comply with the conditions of her pretrial release, resulting in McFadden ordering her back to jail in September.
Bauer also seemed to believe she was accused of a violent crime and asked Bauer to review video from the Rotunda she said proves that she was not in the vicinity when an officer was assaulted.
McFadden reminded Bauer that while some of the charges against her are classified as “violent entry” on Capitol grounds, she is not actually charged with committing violence.
“People who [prosectors] think have assaulted officers face various assault penalties,” McFadden said. “You have not been charged with any of those. I know these charges talk about violent entry, but these relate to misdemeanors that relate to protesting in the Capitol building … I have other cases where people are charged with assaulting officers and you are not facing assault charges.”
Bauer’s advisory counsel Carmen Hernandez, noting that Bauer’s 90-year-old father has had heart surgery and has been hospitalized twice this year, told McFadden to expect a more formal motion for pretrial release.
“She wants to file a motion for reconsideration of release conditions,” Hernandez said. “I’m letting the court know, you may be getting a motion for reconsideration.”
“Understood,” McFadden said. “I’ll certainly consider it.”
“I’m not going anywhere,” Bauer could be heard saying in the background.
Bauer also signaled that she will be trying to get personal information from Capitol Police officers, apparently because body-worn camera footage is not available.
“The Capitol Police, do they not have body-worn cameras?” Bauer asked.
“I don’t know,” McFadden replied. “I wouldn’t be surprised if they don’t.”
Assistant U.S. Attorney James Peterson confirmed that most Capitol Police officers do not have body-worn cameras.
“Some police departments have them, others don’t, Ms. Bauer,” McFadden said.
“Are they being required to submit their phone and email information?” Bauer asked.
“I don’t know that, ma’am,” McFadden said, telling Bauer that she would need to file a motion to get that information.
“I’m not inclined to requires all of the Capitol Police to turn over email, but if they have specific information you think you’re entitled to, I encourage you to talk to Ms. Hernandez about that and that can be a motion you submit next month,” McFadden said.
McFadden also indicated that he would review a motion to dismiss the obstruction charge Hernandez filed, in light of a ruling from fellow Trump-appointed judge Carl Nichols, who is the first judge to grant such a motion, diverging from more than 10 of his colleagues on the bench.
Bauer’s trial is set for July 5.
[Images via FBI court filings.]
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