Good morning from the E. Barrett Prettyman Courthouse in D.C., where today, opening arguments will begin for the first #CapitolRiot trial. Here's what's happened thus far: wusa9.com/article/news/n…
Also, slight correction to the jury demographics: It's composed of 9 men and 7 women, instead of an even split.
Since there's no photos/video in the courthouse, here's a sketch from artist Bill Hennessy of AUSA Risa Berkower questioning potential jurors yesterday. Jury selection took two full days. More on that here: wusa9.com/article/news/n… Image
Due to the federal court's ongoing COVID-19 protocols, the 16 jurors who will hear Guy Reffitt's case will be seated in the benches normally used as the public gallery. Attorneys and the judge are separated by clear plexiglass, and will wear masks when not speaking.
As @kpolantz and @HBRabinowitz reported yesterday, our press coalition won a pool seat in the courtroom throughout the trial. Initially we thought we'd all have to be in the overflow courtrooms. Now, at least one member of the press will always be physically present.
Here's what the morning will look like:

- The prosecution will give its opening argument (likely AUSA Jeffrey Nestler). They'll have 30 minutes.
- Defense attorney William Welch will then respond. 30 minutes.
- The first witness, a USCP officer, will be called.
Jurors have entered the courtroom. Opening statements to start soon. Will be tweeting in batches today to make sure I get accurate notes.
Pretty standard jury instructions. Jurors will get notebooks to write down whatever they want. Notebooks will be locked in courtroom overnight and will be destroyed at the end of the trial.
Judge Dabney Friedrich tells jurors they'll soon hear opening statements. Those statements are not evidence. They are, she says, a "roadmap" of what each side believes they will prove in the case.
Judge Friedrich telling jurors the defense can choose whether to present its own case. Reffitt's attorney, William Welch, had until Monday to file a list of witnesses. He did not file a witness list. Reffitt's case likely to primarily be made in cross examination.
Jury instructions continue. Can't discuss the case with others. Can't read or seek out information about the case online. Must avoid anyone connected w/ the case or the media here in the courthouse.
This happens occasionally. AUSA Nestler said a juror asked him which courtroom to report to this morning. Nestler reported it to the judge before jurors were called in. No big deal there, but lawyers are always very cautious about this stuff.
Judge Friedrich tells jurors they can't do any of their own investigation. That means no googling legal terms or looking up satellite photos of the Capitol. Says parties have a right to refute, correct and/or explain all the evidence jurors see in the case.
AUSA Jeffrey Nestler began his opening statement by telling jurors a mob needs leader, and Guy Reffitt drove to D.C. to "step up and fulfill that role." Says Reffitt bragged to numerous people that he "lit the match that started the fire" at the Capitol on Jan. 6. Image
AUSA Nestler tells the jury they will hear from Reffitt's son, Jackson, and from another Three Percenter, who will tell them they drove 1,000 miles to D.C. instead of flying because they wanted to have their guns with them. Image
AUSA Nestler tells the jury about the threats Reffitt made to his children. He also says they will see a video he convened of other Texas Three Percenters on Zoom. Image
AUSA Nestler used his 30 minutes to lay out a timeline of Guy Reffitt's actions leading up to, during and after the riot.

Reffitt's attorney, William Welch, took just 3 minutes to tell the jury Reffit brags and "uses a lot of hyperbole, and that upsets people." Image
The opening statements, in summary:

DOJ: Guy Reffitt came to D.C. to disrupt Congress. He brought weapons and armor. He led the mob against police. Then he threatened his children.

Reffitt: I'm a braggart. I use hyperbole. It won't be proved I had a gun. I never went inside.
We learned a few new things during AUSA Nestler's opening statement. The DOJ has a Zoom recording of a video of Reffitt talking to other Three Percenters. They also have recordings of him bragging to his family.
FYI, my digital colleagues are turning my tweet thread into a much more digestible live blog, which you can find here: wusa9.com/article/news/n…
The first witness of the day will be former U.S. Capitol Police Officer Shauni Kerkhoff, one of three USCP officers who repelled Guy Reffitt from the building on Jan. 6. Kerkhoff will introduce the four less-than-lethal weapons officers used.
Kerkhoff has been called to the stand. Unfortunately, our feed of the witness/evidence camera is out in the media room so we can't see her.

Kerkhoff says she was a USCP officer for 4.5 years. Still works for federal government. Did not leave job because of Jan. 6.
Kerkhoff says on Jan. 6 she was a grenadier on the USCP civil disturbance unit's less-than-lethal team. Was partnered with Sgt. Adam DesCamp, who will also be called as a witness in this case.
DOJ is about to introduce an audio recording of USCP radio chatter from January 6, but they're having some technical issues.
Correction: We're going to lunch because of the technical issues.
I will be pulling pool duty this afternoon, so follow @NathanBacaTV and @WilliamJoy for continued live coverage.
Wrap-up story to come, but here is my main observation from the first day of testimony:

Jurors in particular seemed interested in a video showing Guy Reffitt motioning for other rioters to continue advancing on police, even as he was overcome by OC spray.
GUY REFFITT TRIAL DAY 1: Jurors heard from a former USCP officer, who said she fired 40-50 pepperball rounds, to no avail, to try to repel the Texas Three Percenter. And they saw video of him urging the crowd to continue advancing on police. wusa9.com/article/news/n…
Here's our sketch artist Bill Hennessy Jr.'s depiction of that moment jurors seemed most interested in, when Guy Reffitt waved the mob forward. Image

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More from @JordanOnRecord

Mar 3
Next message appears to be Guy Reffitt recruiting people to the Texas Three Percenters' Continental Army group. He says he's the intel officer for the state's Three Percenters' chapter. Also says he's working on ways to circumvent 2nd Amendment restrictions.
Another Telegram message, this one from Guy Reffitt to fellow Three Percenter Roddy Hardie, who will testify later in the trial: "We took the Capital of the United States of America. And we will do it again."
Another message Nestler mentioned in his opening statements. Reffitt talks about being shot by Officer Shauni Kerkhoff with pepperballs and how it didn't stop him. Says all the pepper spray used against him "fired up the crowd" and they couldn't be stopped after that.
Read 125 tweets
Mar 3
Good morning all. The second day of testimony will begin shortly for Texas Three Percenter and #CapitolRiot defendant Guy Reffitt. Here's what happened in day one. wusa9.com/article/news/n…
Judge Friedrich tells the lawyers several jurors have said they can't see Guy Reffitt from their seats. Reffitt's attorney does blocks the view from the left side of the gallery. Friedrich says she doesn't see that as an issue, since what he does in court isn't evidence.
DOJ says they believe jurors are entitled to see the witness and can consider his response to witnesses/testimony during deliberations. Friedrich says she's going to review the case law before saying anything to the jury about it.
Read 23 tweets
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 28
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.
Read 131 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

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