Thread by @ChristopherJM

Good morning from Charlottesville, Virginia, where opening arguments are set to begin in Sines vs. Kessler — aka the "Unite the Right" white supremacist civil trial — at 9am. If you're just catching up, here's what you need to know: buzzfeednews.com/article/christ…

Jury selection was supposed to be two days but it dragged on through a third. It was...interesting and telling. buzzfeednews.com/article/christ…

Threads from day one of jury selection:

https://twitter.com/ChristopherJM/status/1452600228620685317

Day two:

https://twitter.com/ChristopherJM/status/1452972141608148993

Day three:

https://twitter.com/ChristopherJM/status/1453363693941518336

This civil lawsuit has been 4 years in the making. Backed by @IntegrityforUSA, it includes 9 plaintiffs who suffered from Unite the Right violence. Their pro bono team of lawyers includes @kaplanrobbie and @karenleahdunn. IFA has a good resource page here: integrityfirstforamerica.org/our-work/case/…

The plaintiffs will try to prove that the 24 white supremacist defendants, including Richard Spencer, Chris Cantwell, and Jason Kessler, conspired to commit racially motivated violence in Charlottesville. They are leaning on 5.3 terabytes of digital evidence, including chat logs.

Interestingly they are also suing under the Ku Klux Klan Act of 1871, which was key in taking down white supremacists as they swept across the South after the Civil War. The statute allows victims of racially motivated violence to sue when there’s a conspiracy to commit violence.

Court getting underway. But William Edward ReBrook, atty for Jeff Schoep, Nationalist Socialist Movement, Nationalist Front is still missing after he went to the emergency room Tuesday, although he was seen outside the courthouse today. Richard Spencer tied up in security line.

Plaintiffs' attorneys ask the judge about bringing up their clients to sit behind them to observe the trial. And Judge Norman Moon asks to bring in a juror before opening arguments begin to ask him about what he apparently saw on the news about the trial.

Jurors are always instructed to not watch tv or read any news about the case, and not to discuss it with anyone. This juror says he heard the case was to begin yesterday not from the news but from someone who called him on the phone to come to court. Issue resolved.

Plaintiffs' attorneys Kaplan and Dunn said in court yesterday that their opening argument will be around 90 minutes. The defendants' arguments are a different story. There are 24 defendants, with two repping themselves (Cantwell and Spencer), and several lawyers for the others.

Judge Moon just asked the defendants if they had agreed on an order in which they will make their arguments. They said they had. Not sure how long those will be at this point.

We're waiting on the plaintiffs to be let into the courtroom before beginning.

Judge Moon calls in the jury.

Judge Moon says everyone will wear a mask in the courtroom except when speaking.

And we're underway. Moon is reading the list of plaintiffs and defendants aloud to the court.

Judge Moon is giving instructions to the jury right now...

In the meantime, read my latest story, about Chris Cantwell, one of the Charlottesville defendants, who prepped by watching Tucker Carlson with white supremacists in prison and getting legal advice from neo-Nazis, including one denied a law license. buzzfeednews.com/article/christ…

Karen Dunn, co-lead attorney for the plaintiffs, begins her opening argument and plays a video from Unite the Right to the jury that shows white supremacists shouting "Jews will not replace us!" But the court is having technical difficulties and the video/audio keeps cutting out.

Karen Dunn begins her opening argument: 'Hundreds of white nationalists came to Charlottesville. They met up in darkness on UVA’s college campus. They chanted, 'Jews will not replace us… Blood and Soil.' Words that originated in Nazi Germany.'

'They climbed the stairs of UVA & descended on counterprotesters at the Jefferson statue. The evidence in this case is going to show they encircled the counterprotesters 10-people deep. They screamed in their faces, threw unidentified liquid at them while wielding tiki torches.'

'You will hear about Richard Spencer, he’s sitting right over here. The most prominet white nationalist in the country… He climbed on the Jeferson statue and declared victory. He would claim that what happened at the torch march would only be the prequel.

He was right. ...'

'There was much more to come and the defendants in this case knew that because their plans had been secretly in the works for months. (This is getting to the heart of the plaintiffs' argument, that this was a conspiracy to commit racially motivated violence).'

'They came prepared to commit violence. They wore riot gear. They marched in formation. They carried shields they used to break through the counterprotesters, and they carried flags they used as weapons. Then this happened…' Dunn trying to show a video but more tech problems.

Welp. Bummer. Technical issues has paused the plaintiffs' opening argument. Not off to the smoothest start. And Dunn was just getting to the meat of her argument.

We were back for a moment. Dunn told the jury, "Obviosuly unexpected things are going to happen during our time together" referring to the tech problems. Then she began to replay the video from Aug 11, 2017... then it went down again.

OK, here we go. Dunn: 'Aug 12, there were many incidents, as we'll discuss. Then this happened.' She shows a video of people screaming amid horrific violence. James Fields, she said, the neo-nazi convicted for killing Heather Heyer, 'intentionally drove into a crowd...'

Dunn says will introduce you to the plaintiffs. And even though it will be extremely difficult for them to tell their stories, they will do so because they believe the true of what happened in Charlottesville must be told.

For these plaintiffs, they will tell you it’s about justice and accountability. Accountability for those defendants who planned and perpetrated this violence and thought they’d get away with it.

On behalf of those plaintiffs we want to thank you for your service. We know how hard it is to take time away from your family and work and lives. … You are the finders of the facts. The verdict in this case will be your verdict and your verdict alone.

And at the end of this case, we will ask you to hold the defendants accountable. As you heard this morning, Judge Moon will instruct you on the law. And he will instruct you that a conspiracy to commit racially motivated violence is a violation of the law.

We are going to show you evidence like this text exchange between Christopher Cantwell and Richard Spencer, both of whom are in the courtroom today.

Four days before the violence in Charlottesville, Cantwell says to Spencer: “I’m willing to risk a lot for our cause, including violence and incarceration…” Spencer responds: “It’s worth it, at least for me.” Dunn says they planned, celebrated the violence, and owned it after.

She says the plaintiffs in case didn’t sue the hundreds of white nationalists who came to Charlottesville to express their beliefs. There’s nothing wrong with that. The plaintiffs believe firmly in the first amendment. They'll show they came to exercise their own 1st amm rights.

This targets the leader and foot soldiers who carried out the violence. Our case is about the planning, celebration, and execution of racially motivated violence. And I want to make clear: our plaintiffs do not condone violence by anybody.

The evidence will show the defendants wanted to create a country only for white people and that could only occur after a race war. The evidence will show they wanted to create an army… for the battle of Charlottesville.

There are a lot of defendants. You’ll learn how they are connected to each other and the violence. ...

Dunn then explains what a conspiracy is and what is sufficient evidence to prove one. And she begins discussing some defendants specifically and their actions.

Dunn says white nationalists Kline and Kessler worked full time to plan the Charlottesville events of August 11-12. ...

Dunn is going through the defendants and their connections to one another. It's a wide, tangled web. 24 defendants in all, comprised of individuals and groups. There's a lot for the jury to take in.

Dunn tells jurors, 'You will see how leaders of these movements inspired foot soldiers of the movements to carry out the violence.' She says jurors will see how they communicated on Discord, in phone calls & texts, and how they celebrated each other's racially motivated violence.

Dunn: 'By the time of closing, you'll be able to make all these connections yourself, based on the evidence we'll present to you in this trial.'

'Let's take a closer look at the conspiracy,' Dunn tells jurors. She's getting into some of the details of planning and logistics regarding Unite the Right. 'They never expected their comms would see the light of day, let alone the inside of this courtroom.'

Dunn now telling jurors about Discord chats leaked online which make up a lot of their evidence -- but certainly not all of it. The plaintiffs' side has a mountain of digital evidence they'll present in the trial, they told me.

out of context: "...known as 'fashy haircut'..."

Dunn reading aloud some of the messages sent between the defendants before the Unite the Right rally to show conspiracy, including this one from Jason Kessler to Richard Spencer: 'We're raising an army my liege. For free speech, but the cracking of skulls if it comes to it.'

Dunn talks about organizers of Unite the Right and their texts describing planning for the violent rally as their "full-time job."

'We are going to show you that defendants in this case came to Charlottesville with plans for violence and racial and religious hatred. And they encourage others to join.'

'Kline referred to himself as the Judenator, or Jew Hunter, a Nazi phrase. His actual job was working as an exterminator. His live-in girlfriend at the time will tell you by video he wanted to 'kill Jews instead of cockroaches' and wanted to 'gas the k*kes.'

Dunn tells the jury, 'You will see that the communications are filled with racial hatred and fully anticipate violence.'

'Not only did they discuss violence, they specifically discussed weapons. They knew they couldn't show up with explicit weaponry. So they showed up with flag poles, their fists, and a car. You will come to understand that that was entirely the point: plausible deniability.'

Dunn says that was all about the planning and conspiracy. Now she's going to tell the jury about the execution. Among her visuals, the brutal beating of Deandre Harris in a parking garage. Pictures of James Fields driving his Dodge Challenger through counterprotesters.

Dunn says white supremacist organizers were very proud of their success in Charlottesville. Spencer called it a huge moral victory in terms of use of force. Jeff Schoep said it was an honor to stand with you all this weekend.

If the defendants get up here and say how sorry they are... we will show you their own posts, like this one from Jason Kessler: "Heather Heyer was a fat, disgusting Communist. Communists have killed 94 million. Looks like it was payback time."

Dunn says there's a lot of evidence and yet some evidence was destroyed, or defendants refused to turn it over. Some evidence was lost "in the toilet, literally, like Jeff Schoep's phone."

Dunn: 'At the end of the day it will be their own words, their own social media posts, their own texts, their own photos and videos of their conduct on Aug 11 and 12, that show what's true and what cannot be denied in this case.'

Dunn plays a leaked clip of Spencer amped up and going absolutely apeshit after the Aug 11 torchlight march. He curses profusely and says horrific, hateful things. He also says, "I RULE THE FUCKING WORLD.... WE ARE GOING TO DESTROY THIS FUCKING TOWN."

Dunn closes. Robbie Kaplan, other co-lead attorney for the plaintiffs, is speaking now. She's telling the jurors more about who the plaintiffs in the case are. She's discussing their backgrounds, achievements, awards, importance to the Charlottesville community.

Kaplan is giving the jurors a taste of what it was like for the plaintiffs who were surrounded and trapped on Aug. 11 by Unite the Right torchlight marchers. She's laying the ground for their testimonies later during the trial.

Kaplan closes: 'Our plaintiffs have waited 4 long years for this day. In that time they've tried to move forward with their lives as best they can…But no matter what they do, and no matter how far away from Charlottesville they go, they carry the pain and trauma of those days.'

'While this case is about violence and hatred it's also about justice and accountability…justice for the plaintiffs who have lost so much. The evidence you’ll see in the next weeks will be overwhelming. It'll show they committed racially motivated violence.'

After a lunch break, James Kolenich, counsel for Jason Kessler and other white supremacist defendants, kicks off arguments for the other side. And two minutes in, he's already mentioned antifa...

Kolenich also makes clear there's going to be a First Amendment argument from them. "If the First Amendment doesn’t defend the most disgusting speech, then it doesn’t defend anything."

But on antifa, Kolenich brings them up in this context: The defendants 'planned a political rally. Yes, they planned for the possibility of violence. There can be no denials of that from my clients. But what violence were they planning? That antifa would physically attack them...

...as they had before. The antifascists go wherever the far-right goes... They use violence to stop them.'

Kolenich says 'Bringing the Nazis to town and the damage in the wake of that was not foreseeable to Kessler. Nathan Damigo could not have known that someone would use a car and attack somebody.'

Kolenich wraps up quickly. He says, when we come to closing arguments, you will find that there’s a very notable lack of evidence to show his clients conspired and are responsible for the violence in 2017.

Richard Spencer, defending himself in court, is now making his opening argument.

Spencer: I agreed to speak at Unite the RIght at the invitation of Jason Kessler and it was preempted before anything was done or said. A state of emergency was declared before a single person said a single thing. I was forcibly pushed out of the park and maced by the police.

Spencer trying to recast events of 2017, making himself out to be a victim of the violence at Unite the Right. He's also trying to set himself apart from his fellow defendants, saying he didn't organize the event but many of the others "certainly have."

Judge Moon cuts of Spencer who was getting a bit carried away doing his best Law & Order impression and talking about how he has never been charged for a crime related to Charlottesville.

Spencer says tough talk like "we're building an army" isn't merely enough to prove conspiracy. "Tough talk... childish stuff." "Doesn't prove a concerted plan to attack people."

Spencer says he had no correspondence with 14 of the defendants before the rally. He says this case ware 'dubious from the outset. Kessler has become an acquaintance of mine, since late 2016. He was not a friend. ...

...'Over the course of 2017, we shared some 26 instances of direct communications in iMessage. We participated in 7 phone calls totaling 27 minutes...' Spencer goes on saying he didn't know many other defendants and says about Cantwell, "we ate lunch one time."

Spencer said he had become "a notorious figure" by the time of Charlottesville. He knew antifa would come because he was there. He was excited about it, he said, and to speak in front of people and "feel like a star."

Spencer's strategy seems to be... confuse the jury? Because this is pretty rambling. It's clear he likes the sound of his own voice and is relishing the opportunity to play lawyer.

'I was physically harmed in Charlotesville. I have been attacked regularly in broad daylight, beginning in that year, 2017. The plaintiffs played a clip of that podcast in which I said we're living in an age of political violence. I meant that and that was true.'

Long pause... before Spencer puts of a photo of himself being punched in the head "by antifa," he says. Now he's talking about past discussions about whether Nazis should be punched.

Spencer scolded by Judge Moon again for getting off topic in talking about BLM protests and told to stick to the facts of this case.

OK. Spencer is over. Up next: Chris Cantwell. Here's a piece I wrote on how he's been preparing for trial: buzzfeednews.com/article/christ…

Cantwell is in a light blue shirt with no ties or jacket. He just MIC CHECKED in court. "Can you hear me?" he asks the jury. I kid you not. He's a, er, podcast guy after all right?

Ok. Um, he's already mentioned Mein Kampf and he's basically shouting into the microphone.

Wonder if the other defendants are now wishing they would have supported the plaintiffs' motion to sever him from this case and try him separately.

So far Cantwell's strategy seems to be to show the jury just how racist he is and how loud he can shout. Not sure how this is going to help him. Judge Moon is scolding him now, saying opening statements are to lay out your defense. Cantwell's delivering a tirade.

"I'm not a lawyer," Cantwell says, surprising nobody.

"I'm the best attorney I could afford. And I didn't even stay at a Holiday Inn Express last night." — a real thing Cantwell just said in a court of law.

"Here's one thing I do know. I didn't conspire to commit racially motivated violence. And I didn't conspire to do any of this other crap either."

Cantrwell says this is him "toning it down."

He just called himself "good-looking." Now he's promoting his radio show.

Oh my god Cantwell just used the N word in court.

"Now you're going to hear some racist jokes," Cantwell says.

I skilled a lot of what he's been saying because it's just awful, awful stuff. Trust me, I'm saving you a headache and a lot of confusion.

Cantwell just complained about the folks who dubbed him the "crying Nazi." "Adding insult to injury," he said of those who gave him the moniker. "Fucking vultures."

He then dubbed his website and said he hopes the jurors will become readers after the trial.

Thank god that's over.

Very different tone from the lawyer for James Fields up now. "I'm not here to defend hate," he said. He's here to defend Fields as best he can. He says at the end of this trial he'll be asking jurors to be fair.

This lawyer's argument was short: Fields committed racially motivated violence. He didn't conspire to do it. He has been punished. (He's serving multiple life sentences for the murder of Heather Heyer.)

So ReBrook appears. He was in the hospital and nobody had heard from him for days. He's atty for Jeff Schoep, NSM and NF. He starts, weirdly, by saying this will be his last defense case. He says he's an odd choice to defend these guys b/c he's a "thrice vaccinated Democrat."

ReBrook said he wrote this opening statement last night and looked at Hollywood movie scenes for inspiration, and watching this right now, I totally see that but I think maybe he watched the wrong ones.

Um. ReBrook makes a Brad Pitt movie reference. "I like my Nazis out in the open."

And Judge Moon interrupts, saying he doesn't know why ReBrook won't understand his orders about not speaking on things that have nothing to do with the case.

Last of the attorneys for defendants: Joshua Smith, representing Heimbach, Parrot, TWP. Unfortunately he's not wearing his shiny suit today. His focus is on the Unite the Right permit right now. He start talking about lack of permit for counterprotest before Moon cuts him off.

Moon said that a permit is not needed to protest and the people who demonstrated against Unite the Right didn't need a permit, tells Smith to move on. "I've ruled."

Smith's argument is hard to follow and understand. He also seems very nervous. His voice keeps cracking. The plaintiffs' attorneys just handed him a bottle of water.

That was rough. Smith was nearly incomprehensible. And Judge Moon stopped and warned him when he began drifting off topic at the end of his statement.