Former Cantwell aide will remain in jail for now

James Michael McHaney, the former scheduler for Sen. Maria Cantwell (D-Wash.) who was arrested for attempting to sexually exploit a minor late last week, likely will remain in jail over the holidays.

{mosads}McHaney appeared in federal court for the first time Wednesday. Solemn and polite, the 28-year-old former staffer waived his right to a speedy trial in order to allow his attorney to review extensive computer evidence prosecutors have collected against him.

“There’s a lot of evidence in this case in the form of computer files and I need to review it,” said Thomas Abbenante, his lawyer.

If McHaney had not agreed to the waiver, a grand jury would have had just 30 days from his arrest to issue an indictment. Instead, Abbenante asked the judge to hold a status hearing on Jan. 14, giving him approximately two weeks beyond the speedy trial deadline to review the evidence.

McHaney was fired from his job as Cantwell’s scheduler hours after his arrest Friday. In a charging document, the FBI said McHaney allegedly tried to set up a meeting during an online chat with an undercover witness posing as someone who could give him access to sex with a 13-year-old boy.

In a charging document, the cooperating witness in the case also said he suspected that McHaney was interested in sex with underage boys because the two had previously exchanged photos online.

Clad in orange pants and a baggy blue shirt, McHaney also waived his right to a hearing to establish whether there is probable cause to go forward with the case.

When Judge John Facciola asked him whether his attorney had informed him of what it meant to waive his right to a speedy trial, he responded only: “Yes, sir” and “That’s true.” Two court marshals escorted him on his way into and out of the courtroom.

Abbenante did not ask for his client’s release, as he previously indicated he would, although he said he still could file a motion requesting a release. If he does so, the judge would hold another hearing before Jan. 14 to decide whether to release McHaney.

“The government requested detention and at this point I am not going to contest it,” Abbenante told reporters after the brief court appearance.

Abbenante would not comment on his client’s state of mind or whether McHaney had used his Senate computer during any of the online discussions with the cooperating witness.

Cantwell’s office has declined to comment on whether his Senate computer was involved.

McHaney could plead guilty and avoid embarrassing evidence from being presented at a public trial. If he wants to fight the charges in court, a trial would take place sometime next year.