Thread by @UR_Ninja

Plaintiffs say they submitted a Q to juror 166 who said on her questionnaire that she "Was not concerned about racial discrimination to Blacks, Hispanics or Jews" and that they had passed a question up to be asked that apparently wasn't asked.

Plaintiffs say jurors with "extreme views about antifa" are more likely to believe defendants blaming antifa for events at issue in the case.

One of the defense attorneys jumps in to talk about a question about the defendants' alleged intentions to commit violence, asks that it be clarified to say "racially motivated violence" instead of just "violence."

Another defense attorney says its "problematic" to ask jurors to "disregard what others have done " in regards to "antifa."

Richard Spencer says "its too much to ask that someone has no preconceived notions of antifa", citing heavy media use of the term

Judge Moon suggests plaintiffs and defense counsel discuss these Voir dire issues over the lunch break - Moo says he has already pushed back the fourth jury panel to not take place today

Next juror to be examined first says "TWELVE" but then says his number is 177

Potential juror 177 says no when asked about potential hardship due to jury service and limitations from medical issues etc, says no.

On his questionnaire Q about being able to set aside preconceived notions about Unite The Right and parties in the case, 177 (middle aged/older white man) answered No, Judge Moon asks him to explain. 177 asks to see his questionnaire, seems confused

177 says "I don't know why i marked no on that, it could have been yes." When asked how he would answer today, he says yes.

Judge Moon asks if he has bias or prejudice against anyone in this case, 177 says he doesn't know anyone in the case.

Judge Moon asks 177 if he sees antifa as "troublemakers" if he could still find defendants repsonsible for violence at Unite The Right. 177 says he sees antifa on the news and thinks they cause "racial unrest" but "they don't bother me"

After 177 is sent back to jury room, Cantwell, Spencer and other defense counsel are honing in on the questions re antifa. Cantwell insists that plaintiff Seth Wispelwey is a member or "sympathizer" with Antifa. Spencer cites Joe Biden comment about antifa being a general cause

Plaintiffs propose that the parties confer for ten minutes or so about issues with jurors. Judge Moon: "we're gonna go back and forth"

Plaintiffs note that the court is still waiting for questionnaires from 168 and 176

Judge Moon bring up Juror # 153, asks for any objections for cause.

One of the defense counsel asks to straight 151 for cause because she said "racists came to Charlottesville" in her questionnaire and downplayed that in her answers. Plaintiffs disagree with this and said she was open and honest in her answers in Voir dire today

Plaintiffs say that 151 said she could set aside preconceived notions about the defendants

Judge Moon says he will deny the motion to dismiss potential juror 151 for cause.

Judge Moon back to discussing juror 153, says he will excuse him due to hardship to his business.

Judge Moon says that "the jurors are ready to mutiny" - this is likely in regards to the fact that a lunch break hasn't happened. Plantiffs say they will work through the lunch break but "now might be a good time"

Judge Moon just left court, lunch break is now in effect until 2 PM eastern time

Court is back in session post-Lunch break, Judge Moon shuffling through the freshly returned jury questionnaires from potential jurors 168 & 176

Judge Moon discussing Q 72 w juror 176

""Would you be able to set aside pre-conceived opinions (if any) you may have about the Unite the Right rally, this case and the parties therein, and reach a decision based solely upon the evidence you hear at trial in accordance with the law as instructed by the Court?" - Q 76

Juror 176 seems to be an older white male (the court's live video display in the media room is not exactly the Mona Lisa). Asked about his views on racial discrimination he says "I believe everyone is equal"

176 says he understands and agrees "everyone is individuals" and to be "treated separately" in terms of assessing the charges against the defendants.

Judge Moon asks potential juror 176 "do you believe both white and black people can be subject to racism?"

he answers "there's racism on both sides, yes sir"

176 is off the stand now, potential juror 159 is now coming in. Defense butts in before she enters to say they think she took too long to agree to be impartial and they want her struck. Plaintiffs say it matters that she is the only minority juror on this panel

Plaintiffs also argue that 159 said "I know how to be fair" and did agree to set aside her opinions and decide the case based only on the evidence and the law after "repeated questioning by the court"

Christopher Cantwell says "this juror seems to have extreme views on race...she seems to be concerned about racism in all categories except against white people"

Richard Spencer says 159 took too long to agree to be impartial.

Judge Moon agrees to dismiss 159 for cause.

Plaintiffs are now arguing to dismiss potential juror 160 for cause, citing his saying he couldn't wear a mask due to ADHD/anxiety and his admission that he is prejudiced against certain groups. Judge Moon dismisses 160 for cause. Now onto 164

Audio on the video feed in the court's media room has gone dead but it appears court is still going on

audio is back, Christopher Cantwell has been talking about his allegations that certain plaintiffs can be called "antifa." Plaintiffs are arguing that a certain juror believes antifa are "terrorists."

Christopher Cantwell says he plans to mention plaintiff Seth Wispelwey tweeted "Jesus is Antifa".

Plaintiffs move to dismiss the same juror due to her being unvaccinated and working in a small office with one other person. Moon pushes back on this

Judge Moon declines to dismiss juror 166 who said she thinks antifa is a "terrorist organization"

Potential juror 172 is now being considered

Plaintiffs cite 172's admission that he would be inclined to blame antifa for violence at Unite The Right if he heard they were present

"the literal core of this case is the responsibility for violence at Unite The Right... when asked if he thought he would say antifa was responsible... he said "it would be most likely" - plaintiffs ask to strike 172 for cause, defense wants him. Judge Moon declines to dismiss

potential juror 168 is back up to be questioned now - Richard Spencer says he still doesn't have a copy of her jury questionnaire

Question 72 on juror 168's questionnaire wasn't completed - Judge Moon reads it out to her to answer now. She answers "I believe so". Moon asks "how sure are you are that you can?" She says "I believe so, yes"

168 says she thinks she can be impartial, steps down to return to jury room. No objections to strike on cause from either side so she's passed

No objections to potential juror 176

No objections to potential juror 177

Spencer asks for "a few minutes to confer", Judge Moon suggests 10 mins

Judge Moon is out of the big chair for a bit now, seems like the 10 min recess for parties to go over stuff just began

Judge Moon is back, Court clerk is describing how each side will get 6 strikes to eliminate a juror (defendants and plaintiffs all are sharing and co-deciding re using their limited strikes)

12 jurors will be empaneled for this trial

The first jury panel is back in court now as Judge Moon explains that they will now be finding out which of them are staying on

Court clerk explains that jurors will no longer be using their previous number but will be receiving new random numbers

Juror #3 - both sides pass (opt not to challenge)

Juror #4 - both sides pass

Juror #5 - both sides pass

Juror #7 - defense challenges

Juror #9 - plaintiffs challenge

Juror #11 - plaintiffs challenge

(remember these are new random numbers and don't match previous jury no.s)

Juror #12 - plaintiffs challenge

Jurors # 164, 168, 177 (original numbers not the new random numbers) are sticking around for now it seems - they are qualified to serve on the jury panel. The rest are excused

confirmed: jurors 164,168 and 177 "will be on the jury", Judge Moon says. He adds he hopes trial will start with opening arguments Wed AM but "can't guarantee this will be the case." Moon forbids the jurors from discussing or researching the case in any way.

Judge Moon is about to call in the second panel of potential jurors for the next round of Voir dire

Judge Moon reading the same overview of COVID precautions etc as before to this second panel of potential jurors

Judge Moon repeating the same summary of the case he gave to the first juror batch earlier. Again, the judge mistakenly refers to the August 12, 2017 Unite The Right as "United The Right", a gaffe he has made quite a few times today.

https://twitter.com/UR_Ninja/status/1452640179345297413?s=20

https://twitter.com/UR_Ninja/status/1452640180976951297?s=20

Potential jurors in this panel: 183, 185, 189, 190, 194, 196, 197, 203, 206, 207, 210, 212, 213

They're being sworn in by the court clerk now.

Counsel and parties for both sides just introduced themselves, jurors are asked if they know any of them.

Some jurors mention recognizing Cantwell & Spencer from media coverage but don't know them personally.

Plaintiffs are naming witnesses they plan to call like they did earlier, to see if the jurors might know any of them personally. This is a direct repeat of this same process with the first panel of potential jurors from earlier.

Plaintiff counsel also again reading off names of people whose videotaped depositions will be presented at trial:

https://twitter.com/UR_Ninja/status/1452643173428236295?s=20

Also a repeat of listing new witnesses added to the case by defendants

https://twitter.com/UR_Ninja/status/1452643175114420224?s=20

This panel of potential jurors is now going to get escorted by Court Security Officers (CSOs)/marshals to the jury room before getting brought back in one by one for questioning

Bathroom break before new jurors come in one at a time

Potential juror 183 is being questioned now - Judge Moon asks if she would be unduly burdened more than the average person by serving. She says she "just got done having COVID and was out 16 days" before coughing into the microphone

183 coughs again a few more times before being excused from jury duty by Judge Norman K. Moon

Potential juror #185 is being questioned now - Judge Moon refers to him having written about concerns about COVID on his questionnaire (notably the last juror in the stand mentioned having covid recently and coughed on the mic 185 is now using; mic was not cleaned between jurors)

Judge Moon asks 185 - seems to be a white guy - about the part of the jury questionnaire about deciding the case based on the law and the facts despite whatever his opinions may be.

"I would try but being from this surrounding area I am aware of the Charlottesville riots and what took place, and i have formed my own opinions of it but I will try to keep a clear mind about it" - 185

Asked how sure he is about this, 185 says "I would find it very difficult...it's sort of like having an anti-vaxer on a jury about getting shots..."

Asked about racism against different groups of people, 185 says he "does not consider white as a victim"

185 is asked about the jury Q "all people have a right to demonstrate regardless of their beliefs"

he answers "I don't believe in any demonstrations toward hate as acceptable"

Moon: What groups do you associate with hate?

185: KKK, white nationalist

Judge Moon: do you know of any reason you could serve on this jury and not render a verdict fairly to both the plaintiff and the defendant?

185: I would try my best to do it fairly

185 excused back to the jury panel, 186 being questioned now. He mentions recognizing Cantwell and Spencer's names from press coverage

185 describes attending a "peace and wellness response event" at the University of Virginia a few days after Unite The Right

185 tells Judge Moon "as a member of this community the events of August really left me with some emotional scar tissue, as much as I'd like to be able to overcome that I can't look you in the eye and say that i can."

Judge Moon sends 185 home. 189 up for Voir dire now

Juror #189 is asked about any burdens 4 weeks of jury duty would pose to him, he says he doesn't see any

Judge Moon asks about the jury questionnaire part about applying the law as told by the judge regardless of opinion about the law.

Would you have any problem following that if it went against your own beliefs? You wrote on questionnaire that you would... - Moon

189: its up to the jury to decide if the law is just. That's what i was taught in criminal justice class

189 also wrote on his jury questionnaire that "the counter-protesters should have stayed home." Judge Moon asks if that opinion would impact his decisions on the case. 189 doesn't really answer and says "I was just stating that I think they were there to cause trouble"

Judge Moon tells 189 "thank you, you may leave". 189 also had a lot of trouble with the microphone and many of his answers it sounded like it was way too close to his face or rubbing on his face

Potential juror 190 being questioned now says he has heard of Richard Spencer from "random people" but hasn't does his own research. Asked by Judge Moon if the things he had heard were "flattering or unflattering" he says he has heard "both flattering and unflattering" things

190 says he does not "have any opinion on" the Unite The Right rally

Moon asks 190 "is it your view that white people cannot be victims of racism?" 190 says he thinks "white people cannot be the victim of racism as we have seen in this country in the past"

190 is sent back to the jury room... potential jurors have been mostly white by far today

Cantwell has been talking about juror 190 but audio in the media room cut out so we missed part of it :(

Spencer is complaining about juror 190's questionnaire answers re: antifa as "leaning towards their side."

Judge Moon says juror 190 said he believed he could be impartial so he isn't disqualified at this time

Juror 194 is now in the booth, says he's retired so 4 weeks jury duty isn't a hardship

Cantwell's comments about potential juror 190 just now included talk about "critical race theory"

https://twitter.com/UR_Ninja/status/1452732155679891471?s=20

Judge Moon is asking potential juror 194 about his ability to follow instructions re: the law in spite of his opinions he might have

Judge Moon excuses potential juror 194

Juror 196 is up for Voir dire now

196 says 4 weeks of jury duty would be a hardship bc he's part of a 2 person architecture firm and is the sole person responsible for 5 client projects

Potential juror 196 says he has participated in "some" political rallies, and had a practice downtown and was heavily impacted by the events of August 11-12 2017. "I can't say it's easy for me to forget that but I would do my best"

Judge Moon excuses potential juror 196

"he's excused for cause and economic necessity" - Judge Moon

Potential juror #197 - a Black man following a stream of mostly white faces - is in the booth for Voir dire now

197 asked about hardship from 4 weeks of jury duty, says his hardship from serving wouldn't be more than the average person.

197 is asked about q #42 from the jury questionnaire, he answered that he had heard news reports. Judge Moon asks now if he's reached any conclusions about issues in the case, 197 says he hasn't come to any conclusions.

Moon asks 197 if he can "set aside any preconceived notions or opinions you may have" - 197 says he doesn't really have any

Judge Moon: "is there anything that you think the court should know that might influence your ability to judge the evidence in this case and impact your ability" to be impartial in the case...?

197: No

Question submitted via defense via Judge Moon: Do you believe white nationalists should be allowed to hold demonstrations?

197: I believe if anyone can get a permit from a govt body then they're able to do it

Q from defense: do you believe white people can be a victim of racism or that they deserve to be?

197: anyone of any color can. bea victim of racism, it happens every day

197 sent back to jury room

Potential juror 203 - seems to be an middle age white male is in the booth for voir dire - says he works in construction in a business where he can't easily be replaced or filled in for - "I do all the work". Has a family of 4 to support with no other income earners

Judge Moon again called Unite The Right "the United The Right" rally when asking juror 203 if he'd formed opinions based on hearing about the event

203: "I just feel that it was a horrible incident, I just feel that they were wrong"

Judge Moon: who was wrong?

203: the protesters, the Unite The Right...this all felt bad, the whole setup

Moon: would it be hard to set aside that opinion?

203: i watched all the news, had friends there, that's the opinion i developed, i don't know if i could set it aside

Moon asks 203 if he could decide based only on the facts and the evidence if selected for the jury. He says he believes he could. Defense submitting Qs via note to the judge now

Defense: qs 16-17 you didn't state who you admire or don't admire, do you have an answer now?
203: not really

Defense: you wrote in the questionnaire you wrote that you're concerned about racism but not racism against white ppl

Cantwell: that was my Q i submitted it by mistake

Judge Moon asks 203 to be more specific about his hardship serving on the jury. 203 says "I just got over covid, i was sick for over a month" says he is still "fatigued from having covid" and hasn't worked in two months. "Another month would hurt pretty bad"

Judge Moon sends 203 back to jury room

Judge Moon decides to dismiss potential juror 203 due to economic hardship

Potential juror 206 says he would face some hardship from serving on the jury for four weeks but "could do it"; he works in software development. Asked if he could decide the case based solely on the law and evidence, he says yes he could

206 says he has ben "influenced by the media so obviously i've got that baggage...but based on how the case is presented i would think about things" as instructed by the court

206: "if the plaintiffs don't do a good enough job evidence, to be fair i would have to go the defense. I hope that they wouldn't do that though..."

Judge Moon: you're not favoring one side over the other?

206: I am, but if the plaintiffs don't make their case well enough to be fair i would have to go with he defense

Moon: have you formed an opinion as to who. was responsible for the violence at the events?

206: totally

Moon: should white nationalists be allowed to hold pubic events?

206: i suppose they have the right to, i don't believe in that, but they do have the right to hold events

(these Qs are from the defense via notes passed to judge)

You said you're concerned about racism but not racism against white people?

206: i don't even know what that is, racism against white people

Judge Moon sends 206 back to the jury room.

Moon reminds counsel to write the name of the party asking a question when handing the note bearing the question to the judge.

Potential juror 207, a Black man, is up in the booth now - asked about the burden jury duty would impose he says it wouldn't be above average

Do you have any moral or personal beliefs that would prevent you from rendering a fair and impartial verdict...?

207: no

Anything you think the court should know that would influence you [as a juror]?

207: no

Q from the defense for potential juror 207: who are 3 publicly known people that you admire most and least? (this was a q on jury questionnaire)

207: mostly. mymother and father

Moon: what about anyone you don't admire?

207: nope

Judge Moon lets 207 retire to jury room

Moon asks about challenge for cause re 207. Cantwell doesn't challenge for cause but says that he submitted a question that wasn't asked (do you think white nationalists should be allowed to hold public demonstrations)

Potential juror 210 says no when asked about undue hardship and medical issues

210 is asked about having to wear a mask in court, says he can do it as long as he can take breaks but doesn't feel confined around groups of people, which can give him panic attacks

q 29 on the jury questionnaire asks about being mistreated on basis of race, 210, who seems to be. an older white guy, says in high school he was assaulted by a "Samoan" due to resentment by "locals"..."football players liked to beat up on skinny white kids such as myself"

210 says he grew up in Hawaii, is the context in whihc that anecdote took place. Asked if it would impact his views on this case, he said no.

210's questionnaire indicated he views BLM negatively. Asked why he said "their leader has said they're all trained Marxists...as an American i am diametrically opposed to Marxism"

Q from one of the parties (Judge Moon didn't make it clear who from): do you have views on who was responsible for the violence [at Unite The Right?}

210: all i remember is there were two sides

Q: what are your views on white supremacy?

210: It's wrong but you have the right to express those views in this country...there is a right to be a white supremacist

Q: if the plaintiffs prove by a preponderance of the evidence that the defendants planned to commit racially motivated violence, could you find for the plaintiffs?

210: absolutely

Q: if you heard counter-protesters described as communists etc would you view them negatively based on your views of Marxism?

210: it wouldn't matter to me what they were, i would look at it in terms of if they were breaking the law

210 was sent back to the jury room. 212 being questioned now

Moon: any reason you could not be a fair juror?

212: no

Moon: have you formed or expressed any opinion about any issue in the case already?

212: no

(212 is a Black woman)

Richard Spencer says he is just now reading 212's jury questionnaire, might have questions

No Qs for 212 from the defense or plaintiffs, she just went back to the jury room

Juror 213 says he would have to check with his doctor to see if its ok to serve as a juror for 4 weeks due to arthritis. Says it would be hard to sit for an hour to an hour and a half at once, " I can only sit for a short period of time" without stretching

asked if he is retired, 213 says "kind of"

213 is a Black man

213 clarifies that he doesn't have to ask his doctor but just doesn't want to miss his appointments. Moon asks when the next one is, 213 says it wouldn't be during the time of the trial.

Judge Moon calls the event "United The Right" again but catches/corrects himself this time.

Moon asks 213 if he could follow instructions about the law in this case even if it contradicts his own views "about what the law should be." 213 says yes he could

Judge Moon asks for questions from the parties re 213, defense says they have some

Moon: have you formed any opinion about the issues involved in Unite The Right rally?

213: no

Do you have any opinions about who might be involved in the violence at the rally?

213: no

Judge Moon: you will be told that you have to decide this case separately as to each defendant... if one as found guilty would that automatically make you find others at fault?

213: no sir

Moon sends 213 back to the jury room

Moon brought 207 back in to ask Cantwell's Q that was missed about if white nationalists have the right to hold public rallies...207 answers yes

Cantwell asked about a question of his that did not get asked to 213. Judge Moon says he declined to ask the Q from Cantwell bc he felt it was "humiliating" and inappropriate

Defense is trying to get Judge Moon to strike 185 based on saying "demonstrations of hate are unacceptable" (Spencer's words). The plaintiffs emphasize that he said he could follow the facts and the law, solely, when asked by the court

Karen Dunn for the plaintiffs is saying other jurors with strong opinions (including more favorable to defendants) were passed without being struck for cause in the previous round. Judge Moon says he will excuse 185 for cause due to his "strong views"

Potential juror 190 up for debate now

190 was already dealt with apparently... not made clear exactly how

194 has already been excused. 197 now up for discussion

Cantwell challenges 197 for cause - "he indicated he was concerned about racism but not racism against whites"

Judge Moon denies Cantwell's motion to strike 197 for cause - "I think he's qualified"

Defense wants to dismiss 206 - "he's expressly and openly saying he wants the plaintiffs to win the case.."

Plaintiffs state that 206 is qualified - "on every question that he was asked he gave an answer that was textbook impartiality...he said he could render a verdict fairly...set aside feelings...consider things objectively..."

Karen Dunn for the plaintiffs says 106, qualified in the last round, had "extreme views about antifa" and didn't promise to be fair but was allowed in the pool. Judge Moon gets quite cross at Dunn over this, telling her not to mention other jurors

Judge Moon says he won't strike 206 for cause yet... Spencer also objects to 206 due to his daughter being supporting of "racial justice".. "going against your own daughter seems to difficult for anyone to achieve"... Judge Moon strikes 206 for cause.

207 is up now.. no objection either side it seems.

Plaintiffs ask to address 210... "210 at no point today was wearing his mask properly over his nose and mouth despite the court's instruction... on his questionnaire he says he has anxiety and discomfort and that he if he has to wear the mask the whole time he can't do that..."

Judge Moon says he finds 210 qualified and will not excuse him for cause.

Richard Spencer says he couldn't understand juror 212 (a Black woman)..."seems dubious but i can't really articulate a case against this person...seems like she doesn't want to..." Judge Moon says it says on her form she'd been on a jury before. Moon says he won't strike 212

Spencer tries to get Judge Moon to strike 213 (older Black man w arthritis), plaintiffs want to keep him. Judge Moon is calling him back in for more Voir dire questioning

Judge Moon asks potential juror 213 if he's "confident he can keep track of complex information across a 4-week trial". 213 says yes, he can. Moon sys thank you, that's all, sends 213 back to jury room.

Cantwell asks to speak before Judge Moon's decision re 213, trying to imply that 213 wasn't up to being a juror, Moon reiterates that he found Cantwell's question "insulting." Spencer says its "disturbing" that 213 had "no opinion" after "media saturation" about Unite The Right

Judge Moon fins 213 is "qualified and he's on the panel."

6 jurors from this round have made it onto the panel of qualified jurors. Both sides will get to use strikes now

Court is in a ten minute recess

Court is back in session

Court clerk tells jurors they will now be referenced by random numbers different from their previously assigned numbers.

Lightning crackled amid a wave of heavy rain that started after 5 pm, Judge Moon made a comment about giving jurors ride to their car

Juror #1 - plaintiffs pass, defense challenges. Plaintiffs ask to approach the bench, feed is muted while a sidebar takes place

(reminder these are random numbers not previously used numbers)

Sidebar convo w Judge Moon and all parties/both sides is still going, seems pretty involved.

Sidebar still going, an abnormally long sidebar at this point. Various parties from the defense keep approaching the bench, then walking away, then coming back. Richard Spencer seen repeatedly holding his head in his hands.

Ok sidebar just now ended after ~20 mins, audio is back on on the feed.

Now its on to juror #2 - both sides pass

Juror #3 - both sides pass

Juror #5 - both sides pass

Juror #7 - plaintiffs pass, defense challenges

Juror #14 - both sides pass

4 jurors - 207, 210, 212, 213 are getting called back from the second panel (we believe) but its not quite clear due to the extremely extremely poor audio available from that portion of the hearing just now - that's our best estimation based on what we've gathered.

2 more jury panels slated for tomorrow - Judge Moon hoping to start opening arguments Weds AM. Roberta Kaplan for the plaintiffs expressed concern about juror 210 still not wearing his mask properly, Moon said he'd have the marshals speak with him about it.

So that's 7/12 jurors seated so far by our count, but again, some of those deciding moments were extremely unclear and basically unavailable to hear in the AV feed the court is providing