Alan Feuer Profile picture
Jan 25, 2021 24 tweets 9 min read Read on X
This is Thread #4 of updates on the Capitol insurrection arrests and cases. The other three are embedded below.

Prosecutors are now saying that Michael Foy, a Michigan man arrested for assaulting police officers at the Capitol with a hockey stick, beat at least 10 cops, including some who were downed, also threw a sharpened pole at them. ImageImage
According to new court papers, Foy, a former Marine trained in combat, engaged in some of the most violent conduct at the Capitol riot. Image
Prosecutors also say that Foy attended a post-election demonstration on Nov. 6 protesting the vote count at the TCF Center in Detroit that nearly became violent as a crowd massed outside the doors.
He is known to drink as many as 10 beers a day and has access to firearms. Image
Tommy F. Allen, of Rocklin, Calif., was caught on video confessing that he stole papers from Mitch McConnell's desk while storming the Capitol, new court papers say.
Allan also posted a pic of militiamen outside the building, commenting, "These are my people. PATRIOTS!" ImageImage
NEW: Prosecutors have charged Brandon Straka, the formal liberal who launched the WalkAway campaign, with encouraging a mob outside the Capitol to talk a riot shield from a cop.
"Take it!" Straka yelled, according to the FBI. "Take it!" Image
Straka was a speaker at a "Stop the Steal" rally one day before the Capitol incursion, the FBI says.
He claims in a video posted onto Twitter that the plan on Jan. 6 was always to go to the Capitol after hearing Trump speak. Image
Prosecutors in Detroit are now in court asking a federal judge to detain Michael J. Foy, accused of beating police at the Capitol with a hockey stick.
Prosecutors in Detroit are showing video clips from police body cams of Michael Foy attacking cops at the Capitol w/a hockey stick.
It's vivid footage: a scrum of bodies, flailing arms & legs, and over the top of it, the hockey stick coming down on the officers.
The government says that Foy, who served 5 years in the Marine Corps, has a significant drinking habit (10 beers a day) and suffers from depression & PTSD.
Foy's court-appointed atty says that he, like other vets, had a hard time coming home after discharge. He'd recently enrolled in college for a biz degree but his treatment for PTSD wasn't working. He's been maintaining mountain bike trails in the meantime, the lawyer says.
NEW: Federal judge in Detroit detains Michael J. Foy on charges of wielding a hockey stick to beat numerous police officers at the Capitol.
Only about a dozen of the nearly 150 defendants charged so far in connection w/storming Congress have been held in custody pending trial. Image
After William Vogel, of Pawling NY, sent a Snapchat to a pal from inside the Capitol, the pal asked, "Did you take that?"
Vogel said he did, the FBI says, adding, "They're trying to put me away for 10 years for Domestic Terrorism...And didn’t even film anything crime wise.” Image
Bryan Gundersen of Armonk, NY, wore his high school varsity jacket to the riot at the Capitol, the FBI says, making it relatively easy for agents to track him down. According to a witness, Gundersen is an avid supporter of both Trump & the Holocaust denier Nick Fuentes. ImageImage
In his goggled sunglasses and black cowboy hat, Matthew R. Miller of Maryland shot a fire extinguisher at the cops guarding the Capitol, the FBI says. He was also captured in photos scaling the walls of the building w/a Gadsden flag tied around his neck, court papers say. ImageImage
Prosecutors say Joshua Wagner (left) drove from Indiana w/his buddy Israel Tutrow & into the Capitol on 1/6. When Wagner's pic showed up in an FBI Be on the Lookout alert, he told a friend he was "very scared & worried."
Tutrow told the same person that he was "sick w/anxiety." Image
Driving to the Capitol riot from Florida, the FBI says, Dave Winn made a FB video w/his girlfriend, Rachel Pert, an asst manager at a local Circle K. After urging America to "wake up," Winn noted he'd brought along a flagpole.
"That way I can hit antifa in the head if need be." Image
The FBI was able to identify James Bonet, of Glen Falls NY, as one of the Capitol insurrectionists in part b/c he posted a Facebook video of himself smoking weed inside.
"Smoking at the capital building," his caption read. Image
Seeking to keep Lisa Eisenhart, a Nashville nurse & mother of Zip Tie Guy in custody, prosecutors release a startling list of accusations against her.
Among other things they say she cheered insurgents who punched cops & grabbed zip ties as people went looking for politicians. Image
Eisenhart, 57, showed up at the Capitol "dressed for combat" in a bulletproof vest and stashed her weapons before entering the building, prosecutors say.
“We’re going straight to federal prison if we go in there with weapons,” she told her son. Image
When federal agents tracked down Jeffrey Sabol, of New City, NY, to question him about punching a cop at the Capitol and pressing a baton against him, he told them he was merely "patting" the officer on the back and trying to protect him w/the baton. ImageImage
The FBI says Chance Uptmore went to the Capitol w/his father James as part a 5-day DC birthday trip from Texas. While in the building, Chance wrote in a social media post, the cops inside greeted the rioters with "stuff like ‘we stand with you’" and "thanks for being here." Image
Coming up in Washington DC: a hearing for Dominic Pezzola, the former Marine and Proud Boy charged w/helping lead the riot at the Capitol by smashing open a window w/a plastic police shield. Image
The judge is rescheduling this hearing now...

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More from @alanfeuer

Mar 18
Interesting: Judge Cannon has told the defense and govt to file proposed jury instructions defining the terms of the Espionage Act disputed at last week's motions hearing and narrowing the Presidential Records Act claim by April 2.
That suggests...

storage.courtlistener.com/recap/gov.usco…
at least in theory that she is intending to take Trump's classified documents case to trial.
It would seem (?) like a waste of time to ask the parties to define for the jury the disputed elements of the Espionage Act--i.e. the law's requirement that the govt prove Trump had "unauthorized possession" of docs related to "national defense"--if she wasn't picturing a trial.
Read 4 tweets
Feb 20
JUST IN: Alexander Smirnov told the feds during an interview after is arrest that "officials associated with Russian intelligence" were involved in passing a story about Hunter Biden. Image
Smirnov also reported to the feds having contacts w/some pretty shady Russians including one connected to what seems like an assassination crew and an intel guy. Image
This detention memo for Alexander Smirnov is pretty wild
storage.courtlistener.com/recap/gov.usco…
Read 7 tweets
Jul 18, 2023
Now: The first Trump documents hearing in front of Judge Cannon in Florida has ended w/o a decision on the trial schedule. Cannon seemed skeptical of the govt’s request to go to trial in December but also seemed disinclined to let the trial stray until after the 2024 election.
Cannon pressed Trump’s lawyer if they wanted to delay the trial after voting and they affirmed they did. They said if a trial date must be set it should be for mid-Nov 2024.
Cannon said she would file a written order promptly.
Beneath the scheduling issues was a fascinating philosophical discussion of the nature of Trump as defendant. It revolved around the question of should Trump be treated like any other defendant or did his role as candidate need to be taken into account .
Read 4 tweets
Mar 12, 2023
Now: DOJ responds, glancingly, to the uproar over the Jacob Chansley footage, clarifying that the images of him w/the police took place *after* he illegally entered the Senate gallery--the behavior that triggered his obstruction of Congress charge.

storage.courtlistener.com/recap/gov.usco…
By glancingly, I mean prosecutors responded to the complaints of another defendant, Dominic Pezzola of the Proud Boys, about the footage, and clarified their position on the new video.
"In sum," prosecutors wrote, "Chansley was not some passive, chaperoned observer of events for the roughly hour that he was unlawfully inside the Capitol."
Read 5 tweets
Mar 12, 2023
We've just received more information about the tantalizing FBI data snafu that temporarily paused the Proud Boys sedition trial late week for an evidentiary
A quick thread.
Background: The dispute concerns a log of internal FBI chats from one of the case agents, Nicole Miller. The log was given to the defense for impeachment of her testimony. Miller minimized or hid responses from other agents since, govt says, they were outside scope of cross-ex.
But the defense found the minimizations & opened them up. The newly opened messages had some tantalizing things from another agent who was writing to Miller. There were also some places where Miller's responses to that agent appeared to be missing.
Read 12 tweets
Mar 9, 2023
Update: Prosecutors have told the judge in the Proud Boys sedition case that the Jencks issue may have been a result of a "spill" of classified information.
No one seems to know exactly what that means at this point.
Jocelyn Ballentine, the prosecutor who oversees the J6 conspiracy cases, tells Judge Kelly that the spreadsheet of internal FBI comms at issue here contained classified messages from "one other agent who does clandestine work" but who did not take part in the Proud Boys case.
The Proud Boys trial data issue is threatening to spin off into true chaos.
Norm Pattis, lawyer for Joe Biggs, is calling for the appointment of a special master to examine the spreadsheet of internal FBI comms to check for any classified messages.
(Gonna say that's unlikely...)
Read 6 tweets

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