Ethan Nordean and Joe Biggs hearing right now. Tim Kelly punts on Donohoe detention fight, assuming that DC Circuit will rule on that in the interim, arguing it's basically the same set of evidence (he implied he'd probably rule the same way, to detain them).
Nordean is arguing that he and Biggs haven't been charged, themselves, with breaking the window that Dominic Pezzola broke, and even if Nordean and Biggs entered into an agreement, they did not agree to break the window.
Nordean's lawyer has a lot of good arguments (such as that the govt is asking for a continuance IN THIS CASE) bc of the general post Jan 6 "congestion" of the docket, that might work for other defendants, but not the guys accused of leading the insurrection.
Kelly points out that by submitting for a bill of particulars, Smith has basically tolled speedy trial. Smith is claiming he has no idea.
Shorter Proud Boy lawyers: There's too much discovery but we don't want to toll speedy time so you have to let the guys who masterminded an insurrection free.
Biggs' lawyer now contesting whether the window is enough to reach detention.

At some point, USG is going to say that the Proud Boys are on the hook for the entire $1.4M price tag for the Capitol damage.
Was AFK but the hearing also included discussion about how long discovery is going to go on. No discussion about how many of the defendants' phones have been cracked yet (USG got into just Nordean's w/o having to crack it).

• • •

Missing some Tweet in this thread? You can try to force a refresh
 

Keep Current with emptywheel

emptywheel Profile picture

Stay in touch and get notified when new unrolls are available from this author!

Read all threads

This Thread may be Removed Anytime!

PDF

Twitter may remove this content at anytime! Save it as PDF for later use!

Try unrolling a thread yourself!

how to unroll video
  1. Follow @ThreadReaderApp to mention us!

  2. From a Twitter thread mention us with a keyword "unroll"
@threadreaderapp unroll

Practice here first or read more on our help page!

More from @emptywheel

4 Jun
In an attempt to defeat Jacob Chansley's bid for a new detention proceeding, USG released new pics. Here he is entering the Senate.

documentcloud.org/documents/2079… Image
Also, the govt is not at all, not even remotely, impressed that Chansley prevented the theft of a muffin. Image
Also, DOJ says Chansley's spear continued to be a threat to the VP (as well as the key factor for 1752 charges) throughout the riot. Image
Read 4 tweets
4 Jun
Listening to Gionet hearing: AZ wants to add conditions on Baked Alaska's release. We've seen one report of Gionet being an asshole on the Internet and having contact with the cops. Apparently there's a second report that hasn't been made public yet.
"Multiple contacts with law enforcement in last 10 days"
One thing that's going on with this hearing is that Gionet was arrested BEFORE they standardized release conditions, so was permitted to keep *legal* guns.
Read 9 tweets
4 Jun
Note, between the 130 people currently charged with assault or related (by my count ~90 are charged with assault) and the 250 suspects IDed by BOLOs, that says 380 assault suspects.
In other words, around 340 of these @RepGosar's tourists at least pushed cops, and many outright beat them.
Here's my running list of MOST of the defendants charged with assault.

emptywheel.net/2021/04/18/upd…
Read 4 tweets
4 Jun
In Ryan Samsel detention hearing, prosecutor reads statement from the cop he knocked over and caused a concussion.
She's still not back to full-time work, still having issues with brain injury caused by assault.
As prosecutor notes, Samsel is not the only one involved in the assault. The other guy allegedly laughed that her head bounced.
Read 7 tweets
4 Jun
Barbara Jones' Special Mastery of Releasing Donald Trump's Lawyers' Crime-Fraud Excepted Communications

emptywheel.net/2021/06/04/bar…
SDNY strongly suggests they already know there are crime fraud excepted communications in Rudy and Vicky's files.

And the one way to get them out is have Special Master Barbara Jones do that for them.
Remember this, from John Dowd? Do you think Barbara Jones is smart enough to see through it?
Read 4 tweets
4 Jun
Prosecutor in case of Guy Reffitt says his trial will take a week.

Says there are more charges against him coming in the "very near future."
They're going to charge Reffitt with possessing a gun, on top of 231 or 111. Which can't be the case bc Glenn Greenwald tells me no one was armed.
2-3TB of evidence against Reffitt.

Oops! Reffitt deleted pictures from the day, but they're on a Surface Pro locked via facial recognition that they can't get into yet. They're going to ask for a compulsion order on Reffitt's face.

cc: @OrinKerr
Read 8 tweets

Did Thread Reader help you today?

Support us! We are indie developers!


This site is made by just two indie developers on a laptop doing marketing, support and development! Read more about the story.

Become a Premium Member ($3/month or $30/year) and get exclusive features!

Become Premium

Too expensive? Make a small donation by buying us coffee ($5) or help with server cost ($10)

Donate via Paypal Become our Patreon

Thank you for your support!

Follow Us on Twitter!

:(