Thread by @julie_kelly2

Hearing now in the case of Ryan Nichols, the J6 detainee asking to be released and the removal of the government's protective order on 3 hours of crucial surveillance video from January 6:

amgreatness.com/2021/12/02/wil…

Judge Hogan, 83, Reagan appointee presiding. I don't have a lot of hope Hogan will release Nichols. Hogan refused to release George Tanios, accused of "spraying" Brian Sicknick even though Tanios wasn't charged with spraying Sicknick himself.

DC Circuit overturned Hogan's order.

Hogan notes Nichols has been behind bars for 11 months. (He's in DC Gulag). First time Hogan is hearing a motion for release. Cites Munchel and Chrestman rulings by DC Circuit which set parameters for all J6 defendants and his ruling on Tanios.

Now addressing 3 hours of video...

Press Coalition, 16 major news organizations, also wants protective order removed. DOJ has no objection.

Hogan grants Press Coalition request to allow access to protected videos.

Now will proceed with atty McBride's motion to release Nichols. Burden, he notes, on DOJ.

McBride informs court he will forego airing video evidence pending Hogan's ruling. (For appeal, I assume.)

McBride reminding judge of the basics - presumption of innocence, etc. you know stuff that applied before January 6.

McBride talking about Nichols military service...

his work as a professional disaster rescuer, a business owner who employs convicted felons, father of 2 young children. He has stellar reports from jail officials.

Hogan agrees Nichols has a good personal history but wants to address the crimes Nichols allegedly committed on J6

It's amazing to listen to federal judges in DC pretend that city wasn't under siege for months by BLM or Antifa. Hogan said he didn't see any Antifa on January 6 videos, rejecting explanations why Trump supporters brought weapons like spray, etc. to DC that day.

NIchols brought a crowbar but isn't accused of using it against anyone. This is seriously so galling -- Hogan lives in DC area. He knows full well that antifa, BLM attacked people after Stop the Steal rallies in November and December. They threatened GOP lawmakers. WTF

McBride says spray Nichols allegedly used that day has no chain of custody. Hogan says it doesn't matter, what if someone handed him a gun? McBride points out the substance in the canister hasn't been identified.

McBride says he used unidentified spray to protect others.

McBride says DOJ hasn't proven Nichols is a threat to the community or a flight risk.

Discussing Nichols location inside a conference room in the building--McBride says it was defensive as police were severely beating protesters. Happened after he learned Babbitt had been shot.

I'm not an attorney but I am shocked at how these pretrial detention hearings act as a criminal trial with judges vetting government evidence not deciding whether the defendant's past indicates they will flee or pose a threat to their community. I mean, who needs a jury?

Hogan: He showed he is a violent man prone to violence.

McBride: He said a lot of things he regrets, Nichols was "triggered" by events around him.

"Look at his life. This was an aberration."

No way does Hogan release him. Looking for every angle to keep him behind bars.

Hogan asking about Nichols using Zello chat app. This, too, is considered criminal behavior by DOJ and DC judges.

Hogan: Disputes McBride's claims of undercover FBI agents involved on J6. The denial is strong.

BTW NYT already reported this. "A false narrative being promoted."

McBride tells Hogan that Nichols helped create a pathway for Mike Fanone to get back to the Capitol after he was dragged out of the tunnel.

McBride tells judge about harm from solitary confinement and how Nichols' incarceration is 6A violation. Hogan raises COVID restrictions.

McBride notes Nichols is incarcerated under pretrial detention, not convicted of any crime. Raises Nichols' PTSD and how solitary is "exacerbating" his condition. Discusses Lamberth ordering transfer of Worrell, a cancer patient. Says Worrell was diagnosed with schizophrenia??

Hogan citing US Marshal report that claimed DC general jail was inhumane but J6 pod is fine. Says one J6 detainee who was transferred somewhere else asked to come back to DC Gulag.

Hogan says solitary is "terrible" but warranted under COVID. Agrees due process is being violated.

McBride repeating complaints from defense counsel for J6 detainees--jail refusing to turn over discovery materials, no access to attorney/law library. Says Nichols hasn't had a shower in 5 days. Cites MTG eyewitness report from DC Gulag.

Hasn't seen his family since January 2021

"He looks like Tom Hanks from Castaway." How can this be allowed by the government, McBride says.

Nichols is being indoctrinated with CRT, Nation of Islam propaganda by DC jail guards. Subjected to racial taunts, targeting. Reading anti-white, antisemitic rants in Nation of...

Islam papers, the only paper distributed in the DC Gulag. Now raises Deputy Warden Kathleen Landerkin twitter account, first reported by MTG.

Hogan: "I saw that."

McBride wraps. Hogan takes 10 minute break before DOJ makes its case to keep Nichols detained.

DOJ now up to explain why Nichols should remain in jail pending trial-- a trial date hasn't been set. The way it's going, Nichols' trial won't be until summer 2022 at the earliest.

DOJ says with "stunning clarity," Nichols has indicated propensity for violence including...

his objection to the 2020 election. Nichols' "post riot diatribe" when Nichols says he will be a "leader" in violence after January 6.

"This was an attack," DOJ says. Nichols planned in advance before January 6. He publicized his plan on Facebook.

11/6: "Ya'll ready for war?"

after PA announced for Biden.

Other posts. "The election was stolen and we patriots are not going to stand by and let it happen."

DOJ says lots of defendants claimed election was stolen and wanted Pence...

to interrupt the peaceful transfer of power.

Reads posts talking about Nichols calling for execution of treasonous politicians. "If Pence doesn't do the right thing, we fight."

Now reading texts, posts pre-January 6. Talk about war, the election, etc. Playing FB Live video.

Nichols can be heard saying there are "millions of patriots" in DC. "Don't let them lie to you. Don't listen to the media."

DOJ: Video proves Nichols was a "leader" of the group marching to the Capitol.

"Pence caved. We're gonna drag motherfuckers thru the streets."

NIchols: "You wanna take it from us. No we take it from you. We're gonna fucking fight and take back what's ours. I'll drag your fucking ass thru the street. You want it, you got it."

Says of Pence. "We'll drag your ass too."

"We'll make you do the right thing."

DOJ pivots to west terrace tunnel--disputes Nichols defending anyone, joined people who were "attacking officers."

DOJ presenting cherry-picked video no one can see, jumping from timestamps. Shows video of Nichols spraying cops with "OC" canister from DC Metro police.

Plays video of Nichols telling people to get weapons to defend the Capitol. Says Nichols defense is a "conspiracy theory," much like his belief the 2020 election was stolen.

Beliefs and words related to election are considered criminal by Biden DOJ.

DOJ just played lengthy video of Nichols calling for violence over a stolen election. He said a 16–year-old was shot and killed on January 6, mistaken info on Ashli Babbitt. He was “speaking of political violence and revolution.”

Think of all the threats against Trump…

by TheResistance.

It’s beyond unwise to say this stuff on social media. But if we’re gonna apply the rules fairly, there are plenty of examples during Trump era.

Loretta Lynch, Maxine Waters, Madonna, Kathy Griffin. I mean come on.

Hogan asking abt DC Gulag conditions

Hogan wonders aloud if Nichols will again engage in violence if he believes the next election is stolen.

McBride says Nichols didn’t come in physical contact with an officer. Helped rescue Fanone

Explains DC Gulag cleaned up before US Marshals tour.

Hogan prepared to rule.

Hogan says he’ll refer DC Gulag issues to standing committee at DC District. Says DC USA won’t represent DC DOC any more over “difficulties.”

Says conditions in Gulag are “harsh.” Now pivoting to Foy case—Judge Chutkan released Michael Foy, accused of attacking police.

Chutkan released Foy after determining Foy didn’t plan anything in advance. Discusses Sabol case, still detained after judge determined he planned in advance to travel to DC. This also is a crime according to DOJ, judges.

Hogan now mispronouncing Tanios case, which he handled.

Hogan suggests Munchel ruling by DC Circuit might offer some “relief” for Nichols.

Charges against Nichols, Hogan notes, are crimes of violence.

Something about Nichols joining Proud Boys? Also not illegal.

Hogan: “No antifa identified attacking the Capitol.”

Hogan again complaining about Nichols using Zello, traveled from Texas to DC with firearm.

“Undisputed” Nichols engaged in planning with Harkrider, discussed firearms. “Prepared himself to come here…with tactical gear…

AGAIN disputes antifa attacking people before or on January 6.

Never f*cking mind BLM and Antifa planned in plain sight to try to burn down DC in June 2020, attacked cops, looted, etc. And attacked Trump supporters leaving Stop the Steal rallies in November and December in DC.

Hogan now criminalizing use of bullhorn on January 6 and encouraging people to go into the Capitol.

Hogan, meet Ray Epps.

Overlooking video, testimony of police brutality, Hogan says Nichols “celebrated” his breach of the Capitol.

Hogan determines Nichols is a danger to the community.

“He will be violent in the future.”

Evidence is “overwhelming” against Nichols. Pepper spray is a “dangerous” weapon.

Hogan never mentions impact on crowd of Ashli Babbitt shooting. Doesn’t even mention it.

“The bullhorn and the rest—he’s a leader…in the violence.”

Based on his call for a “civil war” and “willingness to die” for his cause, Hogan says Nichols is a danger.

Hogan notes his “excellent” background. No criminal record. Decorated veteran, has PTSD.

BUT

Hogan condemns Nichols argument he’s a political prison. “I’m sure he’s upset he’s been locked up for a year.” Claims Nichols hasn’t “given up his conspiracy theories,” referring to poor treatment at Gulag bc he’s a white Trump supporter.

Hogan denies Nichols’ release.

Told ya