STANDBY: Two high-level Jan 6 defendants are in court rt now seeking looser release conditions til trial
Alex Harkrider & Ryan Nichols of TX are accused of assaulting police. Just pleaded NOT GUILTY to superseding indictment
Allegedly equipped w/ gear, bullhorn, baton on 1/6
Nichols wants to be released from DC jail. Attorney will argue: "Mr. Nichols is held in high esteem by both the January Sixth detainees & the prison guards at the DC jail where he has languished in horrific conditions..."
(reminder Jan 6 inmates are in separate wing)
Nichols is a military veterans, argues he's a flight risk and -- in court motion ahead of hearing -- argues he was concerned about violence from BLM and Antifa
Nichols argues he brought a crowbar "in case of emergency"
Prosecutors allege Nichols posted this on Facebook with picture at US Capitol, "Patriots stood their ground today! We aren’t done yet, either! You want to steal our election, and not hear us in court? Good! Now
you’ll hear our civil unrest!”
Nichols has provided videos to court to be shown in this hearing. Standby for that
Prosecutors have already previewed their argument to hold Nichols in jail, saying Nichols court motion "..is littered with unsupported and irrelevant allegations that this Court should reject"
This hearing has several important components
Nichols has been in pre-trial jail for 11 months, and trial dates in 1/6 cases are fluid & tenuous. Is judge moved because of that?
And Nichols has some videos ready to show his argument could be... dynamic
Meanwhile, this hearing continues. High-level Jan 6 defendant Ryan Nichols' lawyer acknowledges Nichols brought crow bar and tactical vest, .but says "none of these actions speak" of planning. He argues Nichols didn't use his military training to plan or coordinate an attack
Nichols' defense concludes lengthy argument saying Nichols wants to be home with the kids for the holiday
And... updating prior post .. it appears the FEDS are the ones who'll be showing videos as they argue to hold Nichols in jail
Prosecutor tells judge Nichols assaulted officer, riled up crowd and sent message ahead of Jan 6 saying there was a need "to take back the country by force"
Then prosecutor says Nichols sent link showing a picture of body armor to purchase on 1/1/21
Prosecutors say Nichols made clear he'd use violence to obstruct the 1/6 proceedings and was "excited about that prospect"
Feds say Nichols enemy wasn't BLM or Antifa, but was the United States of America
Feds say Nichols posted on Facebook on Jan 6, 2021 that he was "hunting pedo politicians"
Feds say Nichols' crow bar was a "weapon" and called the people in the Capitol an "enemy" on Jan 5, 2021, predicting "war" was coming next day
Prosecutors are showing video allegedly recorded of Ryan Nichols on Jan 6
In video, voice yells "There are millions of Trump supporters... don't let them lie to you. Don't listen to the media. They're lying"
Prosecutor says he's showing another video of Nichols. In video, voice is heard "I'm hearing Pence just caved... I'm hearing reports Pence caved. If Pence caved, we're going to drag motherf*** through the streets"
In video being shown in court right now, a voice is heard yelling about politicians who'd vote in favor of Biden election on Jan 6:
"We're going to drag your f**** a*** through the streets"
"You want to take it from us. Motherf*** we're going to take it from you"
In video, "if you're a patriot get on board, if not .. get out of my way. . Cuz I'm going to drag your *** through the streets"
About Pence, voice says "We'll drag your a** too"
This video in Ryan Nichols detention hearing features a loud, vulgar screaming threat at VP Pence
Prosecutor slams Nichols claim that he was "defending others" at Capitol on Jan 6
"No evidence" of that, per prosecutor, Nichols was instead "shouting at the officers"
Prosecutors are now showing a particularly vulgar video in which the yelling voice is claiming a "16 y/o was shot and killed" in Capitiol... and chastising other veterans for not joining the mob on Jan 6
"I needed you today", the voice yells at vets who weren't in mob on 1/6
The video being shown in hearing over whether to continue holding Jan 6 defendant Ryan Nichols in pretrial jail includes a yelling voice from Jan 6 saying "the real enemy is in the Capitol" and yelling about Trump's Twitter account being suspended
MORE FROM VIDEO:
"I'm calling for violence. I will be violent"
"I've been peaceful and my vote didn't count"
"We shut down the vote today because those coward ass politicians ran into the tunnels".. when mob arrived
Video from Jan 6 defendant Nichols hearing, "I've seen the last of you treasonous bastard politicians.... give me liberty or give me death.. I'm prepared to f*** die for this. I took an oath against all enemies foreign or domestic. But I plan to have others die first"
Prosecutor: "Hard to imagine a clearer picture of dangerousness" ... He wants Ryan Nichols held in jail til trial
Feds say Nichols would later delete evidence from home (including clothing caked with pepper spray) & instruct others to do the same
Feds say Nichols shaved his beard, left town and indicated on Facebook he'd "lay low"
Feds sat Nichols once shot an AR15 at low flying airplane, "Violence has a way of finding Mr. Nichols"
!! And we've reached the point of the hearing in which defense lawyer says Ryan Nichols "accepts Joe Biden is President"
Defense say if Trump tries to overturn a future election, Ryan Nichols will "stay home, open up a beer and change the TV channel"
"He's done with all that"
Add Ryan Nichols to the fast-growing list of Jan 6 defendants who've now argued they were "caught up in the moment"
His defense lawyer has used it multiple times arguing this afternoon for Nichols release from jail
Judge is giving very lengthy rationale as he prepares his opinion over whether to release Nichols pretrial. Standby
Judge is focused on the crowbar and bullhorn Nichols was carrying at Capitol. Judge says he’s not persuaded by Nichols’ claim he was given bullhorn and didn’t bring it himself. Judge says evidence shows Nichols was a leader on Jan 6, encouraging mob
Judge says Nichols “celebrated” what had happened on evening of Jan 6. “He wanted to punish” those who voted the wrong way on certifying electoral college count. Dozens were watching Nichols Facebook video as he celebrated that night, per judge
Judge says Nichols was playing “de facto” leadership role on Jan 6 and discussed future violence in video after the riot. Judge acknowledges Nichols has served 11 months hard time pretrial, but says that “doesn’t mean he’s not a danger”
ALERT: Judge will order Nichols to remain in jail pending trial. “It’s unfortunate he’s incarcerated for so long,” judge adds. And says he’ll try to get trial date by Spring. But cites complication of COVID on court
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STANDBY: Big hearing is imminent in DC federal court
Accused Proud Boys Jan 6 conspirator Matthew Greene of Syracuse is scheduled to plead guilty. This could be a breakthrough in a large & particularly high level US Capitol riot case
ALERT: Matthew Greene will plead guilty to *conspiracy* and obstruction of official proceeding
Big get for the US Justice Dept
Prosecutors accused Greene of "advertising" that he was a "first degree Proud Boy" on social media
And he allegedly sent encrypted message on Jan 6 saying "We took the Capital" (sic)
Greene is 34 y/o. He told judge he made it thru 10th grade, born in Syracuse, NY
HEADS-UP: There's a hearing shortly for Jan 6 defendant Joseph Hutchinson, who's accused of assault against officer at Capitol
Hutchinson wants permission to travel to Florida for wedding & New Year's Day bachelor party for...... his co-defendant
Standby
Hutchison wants to travel to the wedding of co-defendant Josh Doolin next month .. and to serve as best man
But Doolin has his own challenge. Feds want to revoke his bond, after AR-15 was found in his mobile home. Fiancee claims it was hers. Judge is hearing arguments now
Quite a wedding
The groom is charged w/ assault on Jan 6 & accused of violating court order by having AR-15 in his home
The best man is a co-defendant, who needs court permission to travel
Another co-defendant is a *fugitive* from Lakeland, FL. Rehearsal dinner is in Lakeland
High-level Jan 6 defendant Mark Ponder, who's in DC jail, wants trial fast & soon. Feds say evidence is ready
But defense lawyer says he needs more time, Ponder's upset about it. Judge is urging patience due to COVID paralysis of court
Judge tells Ponder there are many other defendants (including non-Jan 6 defendants) who've been locked up awaiting trial "a lot longer than you" .... for years
Judge says the January 2022 trial date for Ponder is *not* going to happen. COVID restrictions are slamming court
There's a bigger message here. There are roughly 18 trials on the calendar in US Capitol attack cases so far. In 2022.
Trial dates are at grave risk of slipping. Amid this surge. Convening juries and court staff is going to be.... complicated
STANDBY: Sentencing of oldest charged Jan 6 defendant is beginning. 81 y/o Gary Wickersham pleaded guilty to misdemeanor, accused of swiping at arm of officer. He's army vet, who acknowledges Jan 6 was a "dark day" and has no prior crimes
Feds to seek 4 months home detention
Prosecutors cites @gwupoe research that the average age of Jan 6 defendant is 39 years old.
Wickersham.... is 81
Prosecutor: "Most troubling aspect" of case.... Wickersham was seconds behind the breach of the police line, less than a minute by initial breach into Senate Wing door, then on frontlines as rioters confronted line of police
STANDBY: Feds are about to argue for 60-day prison sentence for Jan 6 defendant Israel Tutrow of Indiana, who pleaded guilty to misdemeanor.. was accused of wearing body armor vest & bringing knife into Capitol
Tutrow has criminal history & told FBI he wore armor to "look cool"
Tutrow will argue Jan 6 was "A coup attempt fomented intentionally by right wing actors who used data mining and psychological manipulation. Vulnerable individuals were identified & persuaded through the internet that it was their patriotic duty to come to (DC) to support Trump"
Defense is arguing Tutrow was young and immature on Jan 6.. and has since matured into a confident "young man"
Tutrow is seeking a sentence that spares him prison. The knife he was carrying, per feds, is going to complicate matters for him
ALERT: Speaker Nancy Pelosi has notified colleagues there'll be an event marking 1-year anniversary of Jan 6
(more)
Speaker Pelosi's letter to colleagues says House is out of session on Jan 6, but she's looking for a head count of who will/could be in DC on 1/6/22
(more)
Speaker Pelosi's letter to colleagues,
"Preparations are underway for a full program of events, including a discussion among historians about the narrative of that day; an opportunity for Members to share their experiences and reflections from that day" .. and evening vigil