Josh Gerstein Profile picture
Mar 2 10 tweets 5 min read
UPDATE: At 1st Jan. 6 trial, ex-Capitol police officer recalls battling ‘violent’ crowd, firing 40-50 pepper balls at defendant. Ex-officer: ‘It’s my job to stand in their way…My concern was that they would get to members of Congress.’ w/@kyledcheney politi.co/3hvdH8v
@kyledcheney Jury watching various videos of Reffitt at Capitol. Some surveillance video. Some from crowd, but last clip was from Fox News showing Reffitt washing tear gas from his eyes. @ShannonBream partially visible at the side.
@kyledcheney @ShannonBream As story notes we had hour or so delay for some tech issues. They continue with trouble getting good audio from video exhibits. Works good when judge isn’t in room.
@kyledcheney @ShannonBream Nestler: ‘Are people allowed to climb on the outside of the stairs?'
Kerkoff: ‘They are not.'
@kyledcheney @ShannonBream Kerkhoff also explains 2 reasons she didn’t use her service weapon to shoot Reffitt: 1. She was worried the bullet might hit someone in the crowd. 2. She thought people in crow were armed. 'I was afraid there was going to be a shootout.
@kyledcheney @ShannonBream On to cross-examination: Def. atty Welch gets Kerkhoff to acknowledge that someone who is sprayed with pepper spray usually has trouble seeing. She says it’s ‘debilitating.’ Suggestion is Reffitt wasn’t battling cops as much as disoriented.
@kyledcheney @ShannonBream Onto another witness: Capitol Police Inspector Monique Moore
@kyledcheney @ShannonBream Nestler: 'Are visitors to the Capitol building allowed to pass through windows to get into the building?’
Moore: ‘No.'
@kyledcheney @ShannonBream After Nestler asked her to describe mood in Capitol Police command center that day, Moore begins to tear up and is overcome by emotion. 'The mood was in disbelief of what we were seeing,’ she says. ‘It was hard to hear my officers screaming on the radio—screaming for help.'
More here: politi.co/3hvdH8v

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More from @joshgerstein

Mar 2
BREAKING: Opening arguments underway in 1st #CapitolRiot trial, U.S. v. Guy Reffitt. AUSA Jeff Nestler calls the Capitol ‘the heart of democracy,’ says Jan. 6 was ‘worst assault on the Capitol since the War of 1812.’ Of Reffitt: 'The defendant was the tip of this mob’s spear.'
After prosecution’s half-hour recitation replete with inflammatory quotes from defendant, Reffitt’s defense attorney William Welch offers an opening of just three minutes.
Parts of it seem Seussian. ‘He did not break anything. He did not take anything,’ Welch says. Denies his client was armed. Notes he never entered Capitol.
Read 4 tweets
Mar 1
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
Read 71 tweets
Feb 28
Jury selection continuing at Reffitt #CapitolRiot trial. One notable Q added: whether jurors picked up the jury nullifcation pamphlet a man was handing out near the 3rd Street doors as jurors arrived this morning politi.co/3tcRuBj
1st potential juror up says he's read news about Jan. 6, but can only think of one individual defendant. 'The QAnon shaman he’s the guy I remember.' Later he says name Ashli Babbitt, but doesn't mention her being killed by police at the House doors
2nd potential juror, a lawyer, offers just as questioning is ending that she worked on Trump bankruptcy issues and also lived in a Trump building in NY. Asked if she has strong views about Trump, she answers: 'Not because of living in the building.'
Read 18 tweets
Feb 16
JUST IN: 1st prosecution appeal in a #CapitolRiot #J6 case. Feds appeal to DC Circuit re: Judge Colleen Kollar-Kotelly’s ruling that split sentences of a modest or lengthy jail term and probation are not allowed in misdemeanor cases. Decision: bit.ly/3uVtPaX
CKK initially sentenced Virginia Spencer to 90 days jail + 3 years probation, but after her attorney protested, agreed that split sentences are illegal in such circumstances and dropped the probation.
Some other judges have given home confinement or shorter terms in a halfway house along with probation and that practice will likely not be addressed in this appeal. Chief Judge Howell has griped about misdemeanor deals making judges choose between jail time and long supervision
Read 6 tweets
Feb 14
As jury deliberates in Palin v. NYT, Judge Rakoff is considering NYT’s motion for judgment in its favor. He signaled Friday he wouldn’t buy paper’s argument that the editorial only referred to Palin’s PAC and not to her.
He just signaled he is chilly to argument that the editorial isn’t actionable because it wasn’t literally false. Judge: 'You can also argue that Cinccinnati should have won the superbowl, but perhaps that won’t be an adequate argument.’
Still on the table, Rakoff says, is whether a reasonable juror could find by clear and convincing evidence that NYT/Bennet acted with reckless disgregard of the truth, by not clicking on a hyperlink that led to ABC article which said no link between Palin group & Ariz. shooting.
Read 6 tweets
Feb 11
HAPPENING NOW: Closing statements beginning in Palin v. NY Times libel case in Manhattan federal court. Ken Turkel is closing for Palin. Earlier: politi.co/3oFsb9E
Turkel says Palin accepted ‘insults’ & ‘jokes’ during 2008 presidential race, but by time of NYT editorial in 2017 things had changed. 'The line had to be drawn at some point,’ Turkel said. 'We can disagree but you can’t say false things. That’s where the line gets drawn.'
Turkel claims that by 2017 Palin was powerless or near powerless to rebut the NYT. 'She did not have the same platform in 2017 as she had in 2008 or even in 2011 when the Tucson massacre occurred,’ he says.
Read 10 tweets

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