A federal judge has denied prosecutors’ request for a warrant to search the phone of a woman charged in the January 6, 2021, U.S. Capitol breach. The judge ruled against the request because prosecutors approached him instead of the judge who had previously denied a similar application.
U.S. Magistrate Judge Michael Harvey, based in Washington, denied the request on May 14, stating that the government’s action amounted to “judge shopping”—an attempt to “manipulate the judicial system to find a judge likely to rule in its favor.”
Earlier this year, prosecutors requested permission from U.S. Magistrate Judge Autumn Spaeth, based in California, to search the phone of social media influencer Isabella DeLuca. On March 14, Judge Spaeth denied the request, stating that the government had “failed to establish probable cause.”
The following day, FBI agents arrested Isabella DeLuca in California. The phone was then transported to Washington, where government officials submitted a new warrant request to Judge Michael Harvey.
Judge Michael Harvey explained that when dealing with a federal ruling, there are generally two options: requesting the original judge to reconsider the decision or filing an appeal.
“Going to another court to seek a more favorable outcome from a judge