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Mar 2 • 6 tweets • 3 min read
HAPPENING NOW: Oath Keeper Joshua James, charged in Jan. w/seditious conspiracy related to #CapitolRiot, is offering guilty plea to that charge and obstructing electoral vote certification. Background from @kyledcheney politi.co/3pws68M
@kyledcheney James just said he agreed with OK founder Stewart Rhodes to use "lethal force if necessary” to prevent anyone from removing Trump from the White House
@kyledcheney Some trouble at hearing as James says ‘no’ when Judge Mehta asks if James agrees that his intent in using force at Capitol was in part to stop the certification of the electoral vote
@kyledcheney Issue is prevent, hinder & delay….effort was to hinder & delay, but apparently not prevent
@kyledcheney OK he agrees once it was made an ‘or’ rather than an ‘and'
@kyledcheney Plea accepted

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More from @joshgerstein

Josh Gerstein Profile picture
Mar 4
HAPPENING NOW: Testimony back underway at 1st #J6 #CapitolRiot trial. On stand: Dan Schwager, on Jan. 6, General Counsel to Secretary of the Senate. He’s now chief counsel for American Oversight, but the name of the group hasn’t yet been mentioned, just that it’s a nonprofit.
Jury just watched video of Senate chamber being evacuated and House chamber being locked down on 1/6/21.
And now of Senate and House gaveling back in around 9 P.M. on 1/6/21.
Read 11 tweets
Josh Gerstein Profile picture
Mar 3
HAPPENING NOW: Reffitt Jan. 6 trial about to get under way. 3 jurors told clerk that they can’t see Reffitt. Parties disputing whether they need to or not. Prosecution says jury can consider defendant’s reaction. Earlier: 'politi.co/3hvdH8v
Def atty Welch: 'For goodness sake, someone could have gas and that could cause a facial expression.’ Judge notes with COVID protocol there isn’t much way to give everyone a good view of everything. Also, ya know, he’s wearing a mask….
Jury is in now. Judge is going to look into law related to issue of jury seeing the defendant and take up later.
Read 13 tweets
Josh Gerstein Profile picture
Mar 2
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.
Read 10 tweets
Josh Gerstein Profile picture
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
Josh Gerstein Profile picture
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
Josh Gerstein Profile picture
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

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