WASHINGTON – A federal judge approved on Friday night a Texas woman’s request to travel to Mexico for a prepaid “work related bond retreat” after she was charged in the January 6 Capitol insurrection from United States.
In a one-page order in response to Jenny Cudd’s request to leave the country, U.S. District Judge Trevor McFadden noted that prosecutors and the pre-trial services office did not object to the request.
“The Court also notes that the Defendant has no criminal record and there is no evidence before the Court to suggest that the Defendant is a risk of escape or represents a danger to others,” McFadden wrote.
Cudd, who owns a florist in Midland, Texas, was originally charged with two misdemeanors, but was indicted this week on five federal charges in connection with the attack on the Capitol, including obstructing an official lawsuit – a crime that carries the maximum penalty. 20 years in prison – illegal entry into a restricted area and violent entry or disorderly conduct. According to the billing documents, she was recorded on security cameras inside the Capitol and posted a video on Facebook later in the day describing how she was part of the crowd that “pushed and pushed” to force her way in.
After his arrest and initial court appearances, Cudd was allowed to go home while his case was pending. As part of the release conditions ordered by a federal judge in Washington, DC, on January 21, she must obtain permission from the court to travel outside the continental United States; this has been a standard condition for other defendants of the Capitol insurrection who also had pre-trial freedom.
On February 1, Cudd’s lawyer filed a motion asking the judge for permission to leave the country and travel to Riviera Maya, Mexico, from February 18 to 21 for a “prepaid weekend retreat. . with your employees “. Riviera Maya is a popular tourist spot located along the coast of the Caribbean Sea, south of Cancún.
“This is a professional retreat for employees and their spouses,” explained his lawyer to the judge.
According to Cudd’s motion, a prosecutor in his case said “the government is not taking a position” on his travel request. The pre-trial services officer charged with ensuring that Cudd fulfilled his pre-trial release conditions did not object to the request and said he would postpone it to court, his lawyer wrote.
Most of the people accused of the insurrection were allowed to return home while their lawsuits were pending, subject to the same travel restrictions as Cudd. His request to go on vacation on an international beach in the midst of a global pandemic, while awaiting trial on federal charges for participating in an insurrection, was quickly denounced on Twitter as a symbol of privilege. Eliza Orlins, a former public defender in New York and a candidate for public prosecutor, likened this to a case she handled in which she had to “beg a judge” to release a teenage client for her father’s funeral.
“Two. Systems. Of. Justice,” Orlins tweeted.
Cudd’s lawyer did not immediately return a request for comment.