At a Tuesday afternoon hearing on Sullivan’s release conditions, Washington-based judge Robin Meriweather split the difference between prosecutors seeking to eliminate Sullivan’s presence on America’s most popular social media platforms and a defense lawyer who denounced what he said was an assault on his client’s constitutional rights.
“I am rejecting the broader ban on Twitter, Facebook and encrypted social media platforms,” said Meriweather, also ordering Sullivan to be removed from 24-hour GPS location monitoring.
However, the judge said Sullivan “will no longer work for Insurgence USA”, will have his internet usage monitored by probation officers and will be banned from using any social media platform to incite riots, violent protests, armed conflict or violence . He is also under house arrest.
Sullivan became one of the most prominent individuals accused in the Capitol riot because of interviews he gave to news outlets like CNN and a vigorous debate over whether he is an Antifa provocateur. Figures such as former President Donald Trump’s lawyer Rudy Giuliani pointed to Sullivan as evidence that leftists were part of the crowd that invaded the Capitol. Liberal activists denounced these claims as misinformation.
Sullivan’s policy remains unclear. He described himself as an opponent of Trump and a supporter of the Black Lives Matter. However, BLM activists in Utah disowned him, saying he appeared to be intent on provoking violence in protests. They also noted that Sullivan often appears to work with his brother, James, who spoke at a right-wing event, Proud Boys.
Defense attorney Steven Kiersh denounced the prosecution’s initial proposal as extremely excessive and insensitive to the role that Facebook and Twitter play in the lives of many young people.
“The boundaries of social media are incredibly oppressive, incredibly wide and serve no purpose other than basically oppressing Mr. Sullivan,” said Kiersh. “Sir. Sullivan is very involved in the exchange of ideas between his colleagues, and this is how he does it.”
But Assistant Prosecutor Candice Wong also contained Kiersh’s suggestion that John Sullivan is using Twitter and Facebook in the same way as other people his age. “The defendant’s presence on social media … doesn’t look like a typical 20-something social media presence,” she said. “It is not about time. It is not about communicating with friends. ”
Kiersh insisted that there was “no connection” between Insurgence USA and the crimes Sullivan is accused of, despite sales of the Capitol rebellion video to major media outlets.
However, Wong said Sullivan’s presence on social media was an integral part of his activities on January 6 and in the previous violent protests he was involved in.
“Insurgence USA is absolutely the instrumentality through which Sullivan committed the relevant acts,” she said. “It is the reason for Mr. Sullivan to be there and for his criminal participation in the riot.”
At one point during the hearing, Meriweather questioned whether Sullivan’s videos were calling for protest or turmoil. “There is a distinction,” she said.
Wong said Sullivan’s videos unmistakably incite violence and attacks on the police. She said it serves as “a kind of specialized resource for protesters”.
“Under the guise of journalism…. he is involved and has incited violent activities, including the type of destructive society we saw on January 6, ”said the prosecutor. She said Twitter and Facebook tried to block some of Sullivan’s accounts, but that he has a variety of identifiers that promote each other.
Wong also noted that the request to ban Sullivan from Twitter and Facebook was actually stricter than the conditions that a Utah magistrate imposed on Sullivan, prohibiting him from using 13 different websites or platforms. She also mentioned that Sullivan’s former lawyer agreed to this.
“I can’t explain why the lawyers representing Mr. Sullivan in Utah agreed to these conditions,” said Kiersh.