Jordan Fischer Profile picture
Feb 28 131 tweets 20 min read
Good morning from the federal courthouse in D.C., where jury selection begins soon for Guy Reffitt, the first #CapitolRiot defendant to go to trial. I'll be here w/ @NathanBacaTV throughout.
If you're following Guy Reffitt's trial, I wrote up a comprehensive guide. That includes many of the questions prospective jurors will be asked today as we kick off voir dire. wusa9.com/article/news/n…
Just some of the questions prospective jurors will be asked about their connection to Capitol Hill, whether they've followed the Jan. 6 cases and if, and how, they use social media. Expect questions as well about their views on firearms and law enforcement.
If you haven't followed a jury selection before, it involves multiple rounds of questioning from both defense and prosecution. I talked to a former AUSA now at @WestCoastTrial about what each side will be looking for.
Tweet updates are going to be a little sporadic during the first part of jury selection today because we've been moved to a different courtroom where we can't use electronics. Will post the latest as I can.
Prospective jurors have been sworn in and are now answering general questions. Among them:

- Do you live/work near Capitol?
- Have you followed J6 cases on news?
- Do you know any of the attorneys or witnesses?
General questioning has concluded. Jurors asked 27 questions. Now each will go through individual questioning where lawyers will further probe their views on law enforcement, firearms, the attack on the Capitol and potentially militias/extremist groups.
Jurors also asked whether they received a pamphlet outside the courthouse. Exact details unclear, but it's not uncommon for people to stand outside courts and hand out literature about jury nullification. We didn't see anyone when we were outside.
Info from inside courtroom where @hsu_spencer is pulling the first pool shift: Guy Reffitt is in the room, dressed in a tan sport coat and dress shirt. Fresh haircut with dark hair pulled back in tight pony tail/bun. Wife Nicole also in room for group voir dire.
U.S. District Judge Dabney Friedrich telling prospective jurors now this case is unique because almost all of them have likely heard at least something about the #CapitolRiot, and maybe even Guy Reffitt himself. Says they'll be looking for people who can be fair and impartial.
Judge Friedrich says she'll be inclined to strike people who've followed #CapitolRiot cases closely or those with close associations to law enforcement.

"I'm not inclined to strike everyone who has an opinion about" January 6. They just have to show opinion isn't fixed.
First potential jurors for individual questioning will be those who've indicated significant hardship. That usually means you can't afford to miss work or you are a caretaker for children or a loved one. Given COVID-19, could also include health considerations.
Our press coalition has filed a motion with Judge Friedrich asking that at least one pool journalist be allowed in the courtroom throughout the trial. Currently, she's said we'll only get a seat for opening and maybe closing statements. Docs: storage.courtlistener.com/recap/gov.usco…
First juror up says he's generally read news about the #CapitolRiot. Says he tried to read CNN and Fox News to get "a broader picture of what happened that day." Says his interest kind of fell off. Hasn't read anything about Guy Reffitt.
Judge Friedrich asks if there's any specific #CapitolRiot defendant he remembers reading about.

"The QAnon Shaman," he says. "He's the guy I remember."
Also remembers the name Ashli Babbitt. Says he doesn't really remember a lot of details about January 6 at this point.

Judge Friedrich says they know people won't come in with "a totally clean slate" because of the nature of the case, but they don't want fixed opinions.
"You think you could put aside everything you've read?" Judge Friedrich asks.

"Yeah, I think so," he says.
AUSA Risa Berkower asks him a few more questions about his news sources. Says CNN, Fox News and Yahoo. Defense attorney William Welch doesn't have any questions for him.
Second prospective juror up now. Says she reads the news every day. Frequently reads about January 6 cases. Doesn't "specifically seek out" J6 case news though. Guy Reffitt's name not familiar to her.
Asked who she remembers specifically reading about in connection w/ J6: "The Proud Boys, QAnon... Giuliani. But that's about it."
"I feel strongly about the event itself," prospective juror says. Calls it "atrocious" and violent. Says she doesn't know that she has any specific feelings about individual defendants.
She's a former attorney, and her husband practices law as well. Neither in criminal law. Says she thinks she can set her feelings aside and be a fair juror. She served on another jury previously.
She volunteers that her previous employer did work on former President Trump's bankruptcies and she previously lived in a Trump building. Says she has strong feelings about him (but not because of living in his building).
I'm not going to individually tweet all of these prospective jurors, but one more at least. This woman marked a number of issues, Judge Friedrich says. Says she has a family trip planned for later in March.
"I feel pretty invested in the events that happen," the prospective juror says. She listens to a number of podcasts (Maddow, Pod Save America) daily. Says the riot made her feel less safe. Says she has "strong thoughts" that would be hard to change.
This prospective juror says she would have a hard time believing a defendant in a #CapitolRiot case is innocent until proven guilty.
Defense attorney William Welch raises a motion to strike prospective juror 0328. No objections from the DOJ. She's stricken for cause. First prospective juror stricken today.
Next prospective juror is up, says it's Ash Wednesday this week. She's newly converted to the Episcopal faith. She's also a member of a "small, but very serious" choir who rely on her because she's the only alto.
Says she follows news "voraciously." Reffitt's name seems familiar, but can't remember anything specifically about him. Says she reads the Washington Post -- first prospective juror so far who hasn't named a TV news source.
Says she has strong political views and opinions about the attack on the Capitol, but also notes she's a retired attorney and understands and respects the jury process.
Her husband is a lawyer and her son is also a lawyer. Lotta lawyers, perhaps unsurprisingly in a city where you can throw a rock and hit four of them (generally a bad idea to throw rocks at lawyers, though).
No motions to strike on her.
Next prospective juror up says he saw a story this morning on his way into the courthouse about jury selection starting in Guy Reffitt's case.
William Welch moves to strike him for cause. DOJ opposes, says he expressed his belief that he could set his opinions aside and be a fair juror.
Judge Friedrich grants the motion to strike for cause.
"I was uncomfortable with [the Capitol riot], so maybe this isn't the trial for me," a prospective juror tells Judge Friedrich. Says she would try her best.
William Welch pressing her now on whether she can, in fact, be fair. Asks if she's predisposed toward the prosecution's case? Says she described January 6 as "just wrong." Would she be able to set that aside?

"In this case, yeah," she says.
Says her daughter works for DHS and she's worried about the things she comes into contact with. She's waffling now about whether she expressed concern about January 6 or about her daughter.
Despite all that, no motions to strike her.
Next prospective juror says he's been in and out of the country since January 6. Says the only person from the #CapitolRiot he can remember specifically is "the guy with the horns."
He gets a chuckle from the judge and the media room when he says he remembers talking to his wife about her job writing up presentencing reports, saying, "Probably, you know... why didn't you get here in time for happy hour?"
Next prospective juror says he used to work for Rep. Brad Schneider (D-IL), and has talked to him about what happened on January 6. Says he still thinks he could keep an open mind in this case.
Another prospective juror up. Says she read some personal stories about the riot, but can't even remember the name of Ashli Babbitt. Refers to her as "the woman who was shot."
Prospective juror 0457 up now, says she's consistently followed Julie Kelly, a right-wing blogger and podcaster who has aggressively spread misinformation about the #CapitolRiot cases. Repeats a lie about the National Guard being available but rejected by Pelosi on J6.
This juror's brother previously clerked for a judge here in D.C. and then went on to become an FBI agent. She says she wouldn't weigh FBI agent testimony more heavily because of that.
"I am somewhat one-sided, in terms of the news that I get," she says. AUSA Risa Berkower asks her if she's formed opinions about whether #CapitolRiot defendants are guilty or innocent.

"Yes, I have," she says.
Prospective juror says she thinks the FBI "is a wonderful organization." William Welch doesn't have any questions for her.
No motions to strike on her for now.
Next prospective juror is, you guessed it, a lawyer. Says she's corporate counsel for Amazon. Previously clerked for the judge whose courtroom they are holding individual voir dire in.
Another prospective juror up now, says he viewed January 6 as "an attack on my home." Says he has family who live on Capitol Hill. They had troop transports parked on their streets. "It was a very scary time."
Welch indicates he's going to move to strike this prospective juror.
"I would do my best [to be fair], but it was a very difficult day," the prospective juror says.
Welch: "Knowing you still have this latent fear and alarm, would you still be able to set that aside?"

Prospective juror: "I honestly can't say that I could."
As expected, Welch moves to strike for cause. Points to that last exchange, prospective juror saying he didn't leave his house for three days, etc. DOJ says he's aware of the legal standard and that he would make his decisions based on the evidence before the court.
"It concerns me starting from a place where he feels so clearly, visibly, impacted by the events," Judge Friedrich says. "In an abundance of caution, I will strike this juror."
Next prospective juror says she knows defense attorney Heather Shaner, who is representing a number of #CapitolRiot defendants. Has talked about cases at a high level with her, but nothing specific.
Can you remember the names of any of the individual defendants, Judge Friedrich asks?

"Uh... the shaman guy?"
She's also a lawyer at the CFPB. Doesn't do criminal law.
No objections to her. The court is going to recess for an hour lunch break.
Ok, we're getting started again. Judge Friedrich says 10 potential jurors have been qualified so far. Each side will get four peremptory challenges -- basically a free veto. Vigorous debate in the media room about what the target number of qualifiers is... but I think it's 24.
Juror 0946 up now. Says he works near Capitol Hill. He was formerly a tax lawyer and now works as a consultant. Very D.C.
Judge Friedrich tells Juror 0322 she doesn't have to do jury duty if she doesn't want because she's over 70.

"I do know that," she says, "and I have friends asking me, 'Why are you doing this?'"
Juror 0322 says she lives in Capitol Hill but wasn't particularly inconvenienced or frightened by January 6. Says she watches the news. Wants to be educated about what's going on in the world.
Questioning ends for 0322 without any objections. She gets a second laugh on her way out, saying, "Oh, I hoped there would be more questions!"
Next up: Man who says he has two friends who work in Senate offices on the Hill. Step-mother was the ambassador to Canada and then the UN under the Trump administration. That would be Ambassador Kelly Craft.
AUSA Risa Berkower asks if his step-mother was in D.C. on January 6. He doesn't believe so. Hasn't discussed the event with her.
Asking about who he fellows on social media for J6 news. Says: Jim Roberts, Jenna Goldberg, Jake Tapper, Scott Adams.
Juror says he thinks people "put themselves in a reckless situation" by being at the Capitol on J6.
Juror says his father was a major donor to former President Trump. AUSA Berkower asks if he would be welcome at family functions if he voted to convict. He said he thinks he would and his family respects the civic responsibility of jury duty.
Juror 1312 up now. Says he's seen January 6 info through the normal course of reading the news, but doesn't seek it out. Doesn't recognize Guy Reffitt. Says he "absolutely" could be a fair and impartial juror for Reffitt.
Another juror up now. Says he lives near the Capitol South Metro Station. Was at home on January 6. Says he was afraid as he watched what happened.
"Are you at all concerned as you sit here in the courtroom you're going to be reliving it in your head?" Judge Friedrich asks him.
He answered no. Dismissed without objection.
Judge calls Juror 0313. She says they answered "Yes" to 17 of the 27 questions from general. "Yes" means there might be an issue with their ability to serve as a juror.
Juror 0313 says she's the primary caregiver for her child. They're not in before or after care. She takes the child to all events. She also works, as does her partner.
Juror 0313 says she works at the Library of Congress. Had staff sheltering in place on Capitol Hill. Says she feels very strongly about the events of January 6. Says her staff were "completely stressed and freaked out."
Juror 0313 dismissed via what appeared to be unanimous consent that she should be struck.
Juror 0443: “Can I speak from my heart? I think anybody who went in there was already guilty. I think they should be prosecuted to the max.”

Objection from William Welch. Struck for cause.
Another juror tells Judge Friedrich she wouldn't be able to presume Reffitt's innocence. She's struck for cause after a motion from Welch.
Next potential juror says she last read a story about the #CapitolRiot this morning (by @hsu_spencer it seems). Says she thinks she could be fair. Says she personally is not in favor of guns, but gun ownership is "ubiquitous."
This juror says she works for the Order of the Eastern Star, which is a Masonic organization. No objections to her.
20-something jurors in and we get the first one who says she really hasn't read any of the news about the #CapitolRiot.

"The media sensationalize things," she says.
No motions to strike. She's off the stand and now Juror 1670 is up. He said earlier he was uncomfortable with the judge or attorneys taking their masks off. He also received the jury nullification pamphlet outside the courthouse.
Juror 1670 says he doesn't know much about the riot. Says he thought it was "crazy." He doesn't work or live near Capitol Hill. Works for PG County Public Schools. Keeps saying he is nervous in court.
Juror 1670 is a pretty young guy. It almost seems like he thinks he's going to get in trouble because the guy outside the courthouse handed him the pamphlet. He's clearly very nervous about it.
Ha! He didn't even get the pamphlet. This whole thing has been about his juror paperwork.
Juror 1747 says she's responsible for picking her niece's daughter up from school during the week. Says everybody in the family works 12-hour shifts. There's nobody else who can pick her up. There is after-school care until 5.
Juror 1747 says she believes anyone who was at the Capitol on January 6 is guilty. Welch indicates a desire to strike but DOJ wants to continue questioning.

Judge Friedrich: Can you put your feelings aside and be fair?

1747: "Ummm... no."
DOJ asking her about her views on firearms now. Says she thinks owning firearms "isn't a right it's a privilege."

She's struck for cause.
Next juror up says she's read about "the guy with horns." At least the fourth mention of Jacob Chansley so far today. Says she reads the WaPo every day but then adds — to the media room's bemusement — "I read the headlines. Not so much the articles."
Says she's temporarily staying with a friend in Virginia, but lives in D.C. Just broke up with a boyfriend, who was in law school.

"Did you talk about the law with him?" Judge Friedrich asks.

"Not really," she responds, to another round of laughter.
Juror says her father was shot when she was younger and that has played a major part in her life.
"Does the way that your father was injured make you have strong feelings about firearms?" William Welch asks.

She says she went hunting with her ex and now she likes rifle shooting.
Lawyers going back and forth about whether this juror actually qualifies as living in D.C. She's still on a lease in Northwest, but has been staying with a friend in Virginia. Intends to purchase a home in D.C. within 3 months.
Judge Friedrich tells the lawyers to investigate the question over the evening and they'll get back to it tomorrow.
By the media room's collective count, we've got 19 jurors qualified so far. I believe they need to get to 24 to accommodate the 8 total peremptory challenges that can be raised.
Next juror up says he has several friends who work on Capitol Hill, and also knows or is aware of one of the organizers of the "Stop the Steal" rally through a friend. Also says he works in PR, knows a lot of the journalists covering it.
Says he has a strong opinion on the rally, "and not a favorable one." Asked if he could set his opinions aside and be a fair juror.

"I want to be candid your honor. I don't think so. I feel very strongly about what happened."
Says he would have trouble not being able to read the news. That's the bread and butter of his PR business.
"I have a general view that that shouldn't have happened. The Capitol should not have been invaded, for lack of a better word," he says.
"My instinct is that I'm going to come in with a very high, high level of skepticism, and that's how I'm coming in," he says. But, he adds, if the government wasn't able to prove the case beyond a reasonable doubt, he would have to acquit.
William Welch moves to strike for cause. Says this juror is "being as candid as he can be" about his bias.

Berkower says when he was pushed on it, he admitted he would have to acquit if the government failed to prove its case.

Judge Friedrich strikes for cause.
Next juror says the brother of a person she used to be friends with was arrested for being at the Capitol. Hasn't seen this former friend for 5-6 years. Never sees this defendant.
"Do you think you can put aside what you've read and your thoughts and these feelings that you hold now?" Judge Friedrich asks.

"Yes, I think I can," juror responds.
Juror works as a lawyer for Office of Personnel Management. Not in criminal law. The latest lawyer in this jury pool.
Juror says she was mugged and hit with the gun in December 2014. Assailant was arrested and not charged because they were a juvenile.
"I have strong feelings about gun violence and gun possession, but I do understand how to receive information and analyze that impartially," juror says.
She's excused without objection from Welch, which, I believe, puts us at 20 qualified jurors.
Next potential juror is a maintenance supervisor at D.C. Public Schools. Says one of his three-person staff goes on vacation tomorrow for two weeks. Also says he has diabetes and can't sit for a long time.
Judge Friedrich asking lawyers about their position on moving him to the back of the list. Not necessarily any basis to be struck for cause. DOJ requests he not be moved to bottom, says breaks can be accommodated.
Next juror, 0193: "I try pretty hard to avoid news." Says he believes he can put aside anything he may have seen or heard and be a fair juror in the case.
0193 says he has a few misdemeanors on his record. Calls them "young, dumb mistakes."
AUSA Risa Berkower asks him more about why he avoids the news.

"There's been a bunch of research that not reading the news leads to increased happiness," he says. The media room abides.
0193 excused without objections.
Juror 1459 up now, didn't answer "yes" to any questions during general. Says he didn't really follow any of the news about January 6. Has not formed any opinions about what happened at the Capitol.
Juror 1459 says he's lived in D.C. since elementary school. Works at Walgreens. No questions from Welch. Excused without objection.
Juror 0543 up now. Lives in AdMo (is that close to the Capitol? D.C. residents can debate). Works in Anacostia for the Coast Guard. Knows someone who may have been at the Capitol, but doesn't know if they were arrested.
Dad is retired FBI. Judge Friedrich asks if she would give FBI testimony more weight because of that? Juror 0543 says no.
Her father apparently worked on the D.C. Sniper case. He was in the Major Cases Unit.
Excused without objection.
Juror 0514 says he lives a 10-minute walk from the Capitol. Went outside and saw the #CapitolRiot on Jan. 6. Didn't see anyone get hurt on Jan. 6 and wasn't scared for his own safety.
Juror 0514 says he reads headlines AND stories. Also follows a lot of journalists who cover #CapitolRiot cases on Twitter.
"I do feel that I'm biased, in a way," Juror 0514 says. "As much as I would try, I don't think I could overcome that bias."
Juror 0514 used to be a spokesperson for DHS. Says that makes him predisposed for the government's side of the case.
Juror 0514: "I have very strong political views, and I have very strong views about January 6."
Under questioning from AUSA Berkower, 0514 says he would vote to acquit if the government failed to prove its case. Welch moves to strike for cause. Judge Friedrich agrees w/ Welch. Thinks the fact that he saw activity at the west side of the Capitol firsthand is concerning.
Judge Friedrich is going to call voir dire for the day. Media room consensus is 24 jurors were qualified today with 10 strikes for cause. Voir dire will pick back up at 9 a.m. tomorrow.
Lawyers say 25 jurors were qualified. That might include the woman whose residency status was up in the air. Judge Friedrich says she expects we'll get to opening statements and potentially the first witness tomorrow.
Judge Friedrich also tells the DOJ she wants them to asterisk out the four-letter words in the statements from Reffitt they will present as evidence. Doesn't want to unduly "inflame" the jury.
Judge Friedrich says she believes they need 40 qualified jurors to have enough to empanel a jury after all the strikes.
MORE: One potential juror told Judge Friedrich he thought anyone at the Capitol on Jan. 6 should be "prosecuted to the max." Others said they barely knew anything about the #CapitolRiot. My recap of Day 1 of the Guy Reffitt trial: wusa9.com/article/news/n…

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More from @JordanOnRecord

Mar 1
Whichever journalist wrote about the wood they're using to repair the Capitol, claim your prize.
I love the idea of this woodworker guy who just, like... does woodworking. Maybe listens to the radio once in a while. Barely knows anything about the largest federal criminal case in history that happened at his workplace. Only read one article about it, and it was about wood.
Read 4 tweets
Mar 1
Good morning all. We're back on Day 2 of jury selection for Guy Reffitt, the first #CapitolRiot defendant to go to trial. Expected to see opening arguments and potentially the first witness testimony later today. Here's what's happened so far: wusa9.com/article/news/n…
Ok, we're getting started. Judge Friedrich says there are 24 jurors qualified so far. They're aiming for 37 total before they start peremptory challenges.
DOJ says they're willing to let the juror who had a questionable residency status go. Welch had challenged her.
Read 76 tweets
Feb 24
At 11 a.m., Texas Three Percenter Guy Reffitt will be back in court for his final hearing before his trial begins next week. I'll have a detailed breakdown of what to expect later today and in tomorrow's newsletter. wusa9.com/article/news/n…
Judge Friedrich says there will be live feeds from the three voir dire rooms for Reffitt's trial beginning Monday. Media/public will be able to watch in an overflow courtroom. Media advisory coming out tomorrow.
Reffitt's attorney, William Welch, says he hasn't been able to get access to barbering services yet in the DC Jail. Judge Friedrich has assigned someone to try to get that resolved today.
Read 7 tweets
Feb 22
Coming up at 11:30 there's a sentencing hearing for Jeffrey Alexander Smith, of California/Colorado, before Judge Reggie Walton. The DOJ wants Smith to serve 5 months behind bars -- close to the max for the parading charge he pleaded guilty to. Image
The DOJ says Jeffrey Alexander Smith, a former sergeant in the U.S. Army, "quite literally led the charge" to breach the Rotunda doors.

Smith's attorneys, John Pierce & John Rice, say he accepts responsibility & has learned a "devastating" lesson. They're asking for probation. Image
Smith's attorneys argue the consequences he has already suffered from his arrest — damage to his child custody case and to his chances of qualifying for a commercial pilot's license — are punishment enough.

It's a common argument in #CapitolRiot cases with mixed success. Image
Read 4 tweets
Feb 9
At 11 a.m., Matthew Miller, of Maryland, will appear before Judge Moss to plead guilty in his case. He was indicted on six felony charges, including assaulting police with a dangerous weapon (a fire extinguisher). wusa9.com/video/news/nat… #CapitolRiot
Miller is pleading guilty to count 2 (obstruction of an official proceeding) and a lesser included charge in count 3 (assaulting police w/o the dangerous weapon enhancement). His estimated offense level will be 22.
Miller tells Judge Moss he completed two years of community college before leaving to take a job.
Read 7 tweets
Feb 8
Starting now we've got a status conference for three of the four Proud Boys leaders charged with conspiracy in the #CapitolRiot.
After a discovery update, Judge Kelly asks DOJ why Joe Biggs and Ethan Nordean haven't been moved to D.C. yet? Notes that he ordered the Marshals Service to transport them "forthwith" on Jan. 21. DOJ says their understanding is next transport from FL is end of the month.
Defense attorney Carmen Hernandez, who's now representing Zachary Rehl, says she hasn't been able to get confidential time with her client. She's still getting up to speed in the case after Rehl dumped Jonathon Moseley in December. wusa9.com/article/news/n…
Read 9 tweets

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