Thread by @joshgerstein

BREAKING OVERNIGHT: Media coalition files emergency petition w/DC Circuit seeking to reverse press lockout from testimony at 1st #J6 #CapitolRiot trial. Doc: bit.ly/35g45fk Earlier: politi.co/3tcRuBj

Reffitt trial proceedings back underway now. Government wanted to re-question a juror who said she’d recently listened to a podcast featuring @julie_kelly2. Prosecutor says Kelly has suggested that Jan. 6 was a ‘false flag' by US govt. Judge said no. Govt can use challenge to nix

Friedrich opened session this morning by saying she’s considering relaxing access restrictions (as media is requesting). She said she’s asked someone (perhaps chief judge) if they can drop the six-foot #COVID19 separation, which judge says “damned” trying to bring in more ppl

Struggle at times to hear some potential jurors on closed-circuit video feed from court. (Court is open in-person now but plan still is to close it for testimony.)

Current potential juror is first to identify a specific person other than the QAnon shaman from #CapitolRiot. References man with feet up on Pelosi office desk (not by his name, though, Richard Barnett)

Same juror says he was in Lafayette Square protest on June 1 2020. 'I have seen crimes committed. I participated in many of the #Blacklivesmatter protests 2 years ago and I saw police officers commit crimes against peaceful protesters such as myself.'

Potential juror might be a good one for Reffitt’s defense, which may argue that cops were out of control on Jan. 6, but the potential says he thinks police acted appropriately that day.

Potential juror: 'In a general sense, I am very horrified and ashamed about what happened on Jan. 6th.'

Says he can put aside deft’s views and judge based on actions. He stays on.

Next potential juror, GWU (pardon, ‘THE' GWU) grad admissions office worker says she gets a WaPo news digest (😁for WaPo) and then says she reads it about 20 percent of the time (😔 for WaPo). She stays on.

Next potential juror (39th) works at American Gas Association, which is just north of Capitol, but she says she wasn’t at office on #Jan6

This juror says she knows a defense atty working on #Jan6 case(s): Elita Amato. ‘I have feelings about it but not strong feelings.’ Pros now asking what was discussed w/def atty friend. Juror can’t recall any specifics

Next potential juror (40) is concerned about press/public attention and being identified as a juror. Friedrich makes awkward statements about every trial being open to public (except kinda this one). Juror excused as she’s over 70. Anyone over 70 can opt themselves out.

Next potential juror (41) says her feelings about #Jan6 are ‘that it was unnecessary and strange.’ Also says her ‘gut instinct’ is she doesn’t like firearms. A reminder that Reffitt is charged with bringing at least one weapon to the Capitol grounds.

On to potential juror (42): Finds news ‘too depressing’ but scans the headlines on his iPhone. Calls #Jan6 events 'interesting.’ Adds: 'I feel like in this country sometimes you have to do things out of the ordinary to get some attention.'

This potential juror says throughout history Americans have done things ‘out of the norm,’ like in the 60s with ‘human rights marches.’ Asked by pros if those events are similar, juror says: ‘I wouldn’t go that far.'

This juror is a sr. project manager for health IT company Cerner.

Next potential juror (43) says she’s in early pregnancy and a bit nauseous. MD-based chiropractor living in DC. Was concerned about safety of boyfriend on #J6 and had to rush home that day due to curfew

Defense wants her booted due to anti-gun views. Pros objects. Judge will wait and see if juror’s MD appointments can be rescheduled.

Potential juror (44) says she gets news from Google News and sometimes WSJ. 'I thought at first it was people exercising their right to disagree.’ More media criticism: ‘TV exaggerates, right? Showing the same thing over and over.’ Later changed view

Asked why, she says mob attacking Capitol police, stealing speaker’s lectern. This juror is a scientist works for Lawrence Livermore Nat Lab on assignment at Pentagon. Stays on.

Potential juror (45) is a quick excused: ‘As soon as I heard Jan6 rioter I just heard guilty in my head.’ Also: 'My mother is Jewish and the #QAnon people are not very fond of her and her family….When I found out who I was sitting in the same room was I was quite upset.’ #gone

Potential juror (46) is a Senate woodcrafter. Works for Architect of Capitol. Only been on the job 6 months.

He says everyone he knows from job was out for #COVID19 reasons on #Jan6. Says not involved in making repairs to property damages due to #Jan6. Read an article about 'lumber being sourced to restore some of the historic items.'

He’s about to quit. ‘Wasn’t my cup of tea.’ Says he made some conclusions about why #Jan6 happened. 'It was primarily driven by the former president and people that were following him.'

Potential juror (47) expresses safety concerns. 'I am a person that don’t feel comfortable with being on anyone’s jury because I really value the safety of myself and my family…It makes me feel very uncomfortable.’ But she also feels unqualified

She adds: 'I don’t like to have someone’s freedom in my hands. That’s too much responsibility for me.’ Says she has anxiety. Also friend told her of Reffitt: 'His ass needs to go to jail. He did that.’ She says convo prompted by link on Shade Room. (I don’t see Reffitt sty there)

Same juror says she thinks if Reffitt brought a gun to Capitol he had ‘every intention’ of using it. 'It’s like the street code: if you show it, you better use it.'

Further from this potential juror: 'Whatever the government decides to do, conviction, I’m just going to go along with it.’ She’s gone. Judge: ‘Initially, I thought she was just trying to avoid jury service.’ But then seemed like she had actual anxiety & trouble judging people.

First batch of jurors completed. Now a new batch has to be read the voir dire questions. That will happen around noon.

Jury selection back underway. Potential juror (48) says he saw an HBO documentary about #CapitolRiot and he says he works for a software company. Says he has ‘fairly strong opinions’ about #J6 & thinks it was ‘exceedingly negative’ for the country.

But he says he believes individuals should be treated individually. ‘I don’t think I would be unduly influenced by those opinions….This is a historical event that I do feel strongly about.'

This juror also skeptical about usefulness of judge’s Q about whether he’s a lawyer or has friends who are: 'I live in Washington DC. So, yes.’ Duh.

Next potential juror (49) read about #J6 in French newspapers and Financial Times. Was abroad at the time and calls it ‘a sad event to watch overseas.’

retired economist at World Bank, was in France on #J6

Potential juror (50) asked to talk privately about hardship. Private discussion for several minutes then dismissed on joint motion

Potential juror (51) works in 'a secure environment’ in MD. Came back from MD to DC on #J6. Not much inconvenience. ‘Streets pretty empty coming in.’ 2nd juror to have seen HBO doc on #CapitolRiot

Juror: 'I have strong feelings about the politics surrounding the event. I think it was probably the greatest affront to democracy that our country has seen--certainly in our current era.'

He’s employed by DoD. In Maryland. An arabic linguist. NSA?

Potential juror (52): Another Architect of the Capitol employee. ‘Really?’ judge says. 'I work very closely with the Capitol Police. I know an officer who was there at the Capitol that day and he was actually assaulted.'

Wasn’t at work on that day and hasn’t worked on repairing the damage, but….'The fencing around it affected one of my projects for several months afterwards….
I work with historic preservation. One that material is damaged, it’s gone. It can’t be recreated.'

Somewhat shockingly defense does not move to remove that juror although he may be too far down list to make it

Potential juror (53) lives near Capitol and read story recently specfically about Reffitt, knows about weapons charge & alleged threats to family members.

Defense is moving to excuse this juror, due to family obligations & also: 'He has given the most specific information of anyone that we have heard about’ re this case. ‘This sounds like someone who has already formed an opinion.'

Prosecution wants to keep him. Says he really doesn’t know anything judge hasn’t explained.

We need two more potential jurors to reach number judge is seeking.

Judge says ppl familiar with ‘specific facts’ of Reffitt case to be struck 4 cause. Juror (53) heard Reffitt may have threatened his kids not to contact FBI. Excused out of ‘abundance of caution.’ ‘I’m just concerned about having anyone come in here w/knowledge of evidence.'

Judge just back-struck No. 52, the AOC historic buildings expert, removed for cause. The explanation was had on the bat-phones that serve as equivalent of sidebar. Still need 2 more potential jurors qualified to meet judge’s goal of 38

Judge Friedrich: ‘This is going more slowly than I had hoped.’ Now only expects to finish jury selection today. Openings tomorrow

Correction 3 more needed

Resuming. Potential juror (54): Stopped reading about #J6 about 3 weeks after the riot. ‘It sort of consumed all of the news I consume on TV, newspapers and on social media….It was a grave violent situation and so I did not want to engage with that emotionally.'

This fellow seems to have made it.

Potential juror (55): Was home sick in Bloomingdale. Friend’s husband is MPD officer got pepper sprayed and had bruising from #J6 clashes

Occupational therapist. Despite her knowing officer injured in melee, defense does not object. But these may be alternates or alternates to alternates or not even make it on at this point

Potential juror (56): Says she was arrested at Capitol in 2019, calls it ‘symbolic arrest,’ was part of ‘Fire Drill Friday.'

2 other arrests with Poor People’s Campaign at Senate office building & march in streets in 2020/2021. 'It was very nonviolent, very gentle…DC has a lot of experience with these protests and they were always handled very well.'

Hasn’t paid much attention to #CapitolRiot news. 'Free press,peace antiwar…that concerns me more right now.’ Judge: 'Have any strong feelings about firearms?’ Juror: 'I’m against war.'

She was also arrested at State Dept ‘a decade and half ago' for peace in Mideast at State Department. ‘I believe in civil disobedience. To me, it wasn’t harming anybody. I wouldn’t harm anybody.'

Prosecutor Risa Berkower: 'You take it upon yourself to decide when it’s appropriate to violate the law?’ Juror: ‘...It’s not so much that I think laws should be broken…when I feel that there’s an issue that needs to be exposed.'

Prosecution moves to strike juror based on ‘pattern of breaking laws similar to crimes charged in this case.’ Notes one charge is basically a trespass as the juror did.

Judge notes juror ‘consistently’ said people who break law should pay price for that. Also said she’d follow judge’s instructions.

Now defense is arguing to save this juror for the pool, saying she said she’d follow instructions and apply law.

Judge retains her. We have 38 qualified jurors. Moving to another courtroom for peremptory challenges but we should have a jury by around 5pm.

Court back in session in the ceremonial courtroom at Prettyman courthouse for whittling down of qualified jurors to 12 jurors and 4 alternates

And we’ve lost our audio connection in the overflow courtroom. This kind of thing is why media demanded an in-person presence during this trial. (Pooler(s) are in court but don’t have access to devices.)

Connection is back. The 38 jurors left in the pool are seated and both sides are doing their strikes. Prosecution gets 6. Defense 10. Plus 2 each for the alternates.

Sounds like some confusion in the court about the process. Not much more I can say confidently than that. Awaiting further action.

Still murky but appears to revolve around whether alternates were to be handled entirely separately or just elevated once main jury was set and how the challenges are affected by that.

Judge tells waiting jurors: ‘We’re almost done. This has taken longer than we thought….a few more minutes.’

They’re done.

Judge Friedrich admonishing them not to talk about the case or read about the case. -30-