Ethan Nordean's lawyer spent the better part of an hour today complaining about Speedy Trial. As Judge Kelly pointed out, you file motions, you toll Speedy Trial, and Nordean's then attempts may fuck his co-defendants.

So Nordean left the hearing and filed another motion.
This one goes for broke, asking for Nordean's entire indictment to be thrown out, for various reasons. Some are interesting. Some are nuisance. But tactically, this seems stupid as hell.…
If Nordean wins, it'll mean the ENTIRE investigation, against all but the most violent defendants, will be nullified.

If he loses, it means it'll be a giant tactical misstep for his own client and another tactical misstep for this case generally.
In any case, some of the arguments that Nordean attorney Smith wants to make might work for other defendants (indeed, he is trying them with Cuoy Griffin). But if he succeeds here it'll be the quickest way to roll out the Second War on Ethan Nordean's Brand of Terrorism.
Point is, to the extent that these challenges are worthy, OTHER defendants are making them, including some of Smith's. But arguing them as the insurrection leader is different than arguing them as an asshole podcaster with a big hat from Texas.
And the more specific point is: Nordean had a good point, one the judge overwhelmingly agreed with (about trial delays and detention). And yet his LAST frivolous motion negated his real, valid, judge certified complaints.
I've deleted this tweet as it suggested an ethical problem, as opposed to what I believe is a tactical one.

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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.… 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.…
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…
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

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