Curiously, Nordean's team neglects to mention he keeps having an issue with passports in his vicinity.
"Besides the breach of a window and then door that allowed an insurrection to take over the Capitol prosecutors neglected to mention anything interesting."
Oh sure, prosecutors have referred to a revolution, but have they referred to anything ILLEGAL?
Thus far, this is the first thing that is not bluster, IMO.
I think challenges to 1512, which this is not, will be interesting.
This is actually evidence that Nordean and Biggs were on notice of the risk that their people would serially assault a bunch of officers.
Reporting a lost passport AFTER reporting taking out the passport your wife has been sitting on is, however, rather unusual.
Gonna interrupt here; This appeal pretty much ignores the new details about Biggs (eg, him leaving the Capitol and breaching on the other side). I guess those are inconvenient.
Lawyers for the leaders for the terrorist organization accused of attempting to end democracy say they only need to prove their clients probably won't pursue the same goals (They are right on law, but notable what they're claiming).
Because the leaders of a mob of 500 can communicate, instead, with 500 million, it must be safe.
The analysis of Munchel--which specifically contemplated people like Biggs and Nordean being detained--is dogshit.
They're just not going to mention the part about leading a mob, which Munchel specifically envisioned merited detention.

Nordean actually SUBMITTED proof he's a leader of the proud boys this week

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More from @emptywheel

5 May
Here's the letter where USG asked Paul Oetken to appoint a Special Master to wade through Rudy and VicToe's warrant returns.

storage.courtlistener.com/recap/gov.usco…
Oetken is the judge in the Parnas prosecution, and the AUSAs are the same as are prosecuting that case, which is consistent with all the reporting that this Rudy matter arose out of that investigation. Image
Toensing doesn't (or didn't) have counsel arranged yet, so she didn't expect this. Her son Brady (who got hired into OLP under Billy Barr) is helping her out until she has a lawyer hired. Image
Read 7 tweets
5 May
Will Amy Berman Jackson Finally Break the Spell of OLC Feeding Bullshit FOIA Claims to DC District Judges?

emptywheel.net/2021/05/05/wil…
A lot of people are suggesting there should be further consequences for the misrepresentations about the Mueller Report over just the release of this memo.
As I noted, there are two sets of lawyers involved: Those who told the lies about the Report itself (Barr, Rosenstein, Engel, O'Callaghan, and Barr's CoS), and those who made misrepresentations to ABJ to justifying hiding evidence of Barr et al's own lies.
Read 4 tweets
5 May
In a motion to have his trial transferred to Florida, Proud Boy Christopher Worrell complains about polarization while calling Democratic candidates "Democrat candidates."

storage.courtlistener.com/recap/gov.usco… Image
One interesting aspect of the challenge is that Worrell falsely claims that HE has been the subject of close media attention, citing a single CNN article about his case and generally simply offering no support for the argument (as in this passage)....

edition.cnn.com/2021/03/13/pol… Image
But aside from the references to the Proud Boys in that @MarshallCohen piece (which only appear in citations), he doesn't mention the Proud Boys a single time in the motion.

HE hasn't had pre-trial publicity, but the Proud Boys have.
Read 4 tweets
4 May
The TLDR on this ABJ opinion finding on the Bill Barr memo on the Mueller Report is that 17 years after John Yoo mastered the art of using OLC to rubber stamp illegal behavior, Billy Barr finally pushed the process too far.

citizensforethics.org/wp-content/upl…
That said, she issued a stay until May 17 so Merrick Garland's DOJ can decide whether it wants to adopt Billy Barr's bullshit and with it discredit DOJ permanently.
At one point, the bullshit letter to Congress and the bullshit memo purportedly justifying the bullshit memo to Congress had become so intertwined the lawyers involved weren't clear which doc a paragraph was supposed to go in. Image
Read 4 tweets
4 May
One of the issues holding up discovery in Proud Boys cases is making sure the data obtained is only stuff covered by the warrants, especially if they're sharing one guy's phone with other guys.
Nordean's attorney is objecting to sharing unscoped data, bc there's no reason for Nordean to share his private data w/everyone else.

Nordean is also going to move to suppress his phone, from which all the telegram has come.
Passcode to Nordean's phone was given to the FBI by his wife, which is why FBI has gotten into Nordean's phone while still trying to crack everyone else's phone.
Read 4 tweets
3 May
Proud Boy Gabriel Garcia wants to lose his GPS monitor because...
storage.courtlistener.com/recap/gov.usco…
He wants to go to "networking" events that go late (which he can do with a GPS).
He's worried about curfew (which USG is willing to expand) but which has nothing to do with GPS.
Read 8 tweets

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