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.
Capitol Police Inspector Monique Moore, who teared up on the stand yesterday, is back now and is narrating surveillance videos from Jan. 6 showing rioters smashing doors.
Moore says USCP uses ‘code words’ to let staffers know someone trying to rescue them from an office is police and not a rioter.
Another cursory cross-examination from defense: only 5 mins. Asking USCP officer about storage protocols for surveillance videos
3rd witness: FBI Special Agent Stacy Shahrani to discuss digital evidence
She handled Reffitt’s phone. Says it had Life360 & Telegram apps on it. She found ‘hundreds’ of Telegram & SMS threads
Agent reads exchange between Guy and son Jackson. Guy: 'Congress has made fatal mistakes this time. This isn’t about Trump, it’s much much bigger. It’s about OUR country.'
Jackson: 'I don’t think Congress makes up all 80,000,000 votes for biden but okkk.'
More texts….Guy: 'Time to remove them. That’s why I’m going to DC. Promise, I’m not alone.'
Pitter Pats: (daughter Peyton?)
'Dad please be safe !! You know you are risking not only your business but ur life too and that isn’t just something to through [sic] away lol'
Watching video now from Reffitt’s GoPro-type camera. He cites “Mayberry v. Madison” as grounds for going into Capitol and forcibly removing “corrupt” members of Congress. ALl of them.
On to cross-examination. Refitt’s atty Welch is asking FBI tech agent if digital files can be altered…now asking if she knows the term ‘deep fake’….prosecution objects
Guy Reffitt’s son Jackson just took the stand at his father’s #CapitolRiot trial
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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.
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 @kyledcheneypoliti.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
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/@kyledcheneypoliti.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.
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.
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
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.'