Thread by @JordanOnRecord

The third day of testimony for Guy Reffitt will start here in an hour or so. We're expecting to hear from a fellow Three Percenter who traveled with him to DC.

Yesterday, jurors heard from Reffitt's son -- and recordings of the man himself.

https://twitter.com/JordanOnRecord/status/1499530897191751680

Testimony getting started with the first witness of the day: former Secretary of the Senate legal counsel Daniel Schwager. He'll explain the process of the joint session of Congress. Guy Reffitt's attorney, William Welch, tried hard to exclude him from the trial.

Daniel Schwager is going to tell the jury about a lot of procedural congressional stuff which is important for them to know, but which isn't super interesting testimony. I'll tweet anything relevant he says.

Schwager running jurors through a basic civics lesson about the structure of Congress and the constitutional requirements of January 6. In short: Both houses are required by law to convene on that day, and cannot leave until all the Electoral College votes are certified.

Jurors see a video of Arizona Rep. Paul Gosar getting up to object to certification of ballots. As he does, there's a loud noise from outside the chamber and officers run across the floor. The House recesses shortly thereafter.

The video has jumped ahead to 3:44 a.m., when Congress finally completed certification of the ballots.

Schwager says from the moment he was told there were invaders in the Capitol, he was worried: "We were in a grave situation."

"What did you think when you saw Capitol Police officers drawing guns in the well of the Senate Chamber?" AUSA Jeffrey Nestler asks Schwager.

Schwager says at that point it almost comforted him, because he was concerned about what was happening outside.

Daniel Schwager has been excused. Next witness is Secret Service Special Agent Paul Wade. Wade will introduce video of VP Mike Pence being evacuated from the Senate Chamber.

Wade says the Secret Service had three protectees on January 6: VP Mike Pence, his wife Karen and his older daughter, Charlotte. They arrived at the U.S. Capitol Building at approximately 12:30 p.m. that day.

Wade says USSS decided to move the VP's motorcade after rioters began breaching the bike rack barricade on the East side of the U.S. Capitol.

Jurors now seeing security video of Secret Service agents evacuating VP Mike Pence, his wife and daughter from the Senate Chamber at approx. 2:25 p.m. on Jan. 6, 2021.

William Welch cross examining now.

"When you went to the Capitol on January 6, you did not see my client, Mr. Reffitt, did you?" he asks.

"No," USSS Special Agent Paul Wade says.

After Wade says "at no point" did he see Guy Reffitt on January 6, Welch passes the witness.

Nestler, on redirect: "Mr. Wade, did you take those [emergency actions] on January 6 because of a specific person's actions?"

Wade: "No sir."

Wade excused.

Next witness: ROCKY HARDIE, the fellow Texas Three Percenter given immunity to testify against Guy Reffitt.

Hardie says he met Reffitt through the militia and traveled to D.C. with him on Jan. 6, 2021.

Hardie says he joined the Three Percenters out of concern for his safety.

"During the summer they had a lot of riots. The news media I was watching, on YouTube for instance, showed a lot of antifa throwing firebombs at police."

Hardie says he saw a video where someone, an antifa member is the suggestion, said "And we're coming to your community!" He wanted a group of like-minded people to "watch my back."

Hardie says when he joined the Three Percenters, he asked if they were racist or white supremacist. They told him no, they're about supporting law enforcement and the Constitution and "the government, as long as it follows the Constitution."

Hardie was the communications officer for the Texas Three Percenters. He says Russ Teer, aka Russ William Bowen, was the leader of the group.

Hardie left the group after he received a visit from the FBI following January 6.

What drew you to Guy Reffitt, AUSA Risa Berkower asks Hardie.

"A lot of people in life, they talk but don't do," he says. "He seemed like a person who would do."

Hardie says the first time he met Guy Reffitt, they talked about how "the country was pretty much going down the tubes." They talked about Washington and about how House Speaker Nancy Pelosi was "pretty much evil incarnate." And about Trump, how no one was standing up for him.

"We did ask ourselves, how far do you let things go before you take action to protect your country?" Hardie says.

"Did you talk about when it would be appropriate to take violent action?" Berkower asks.

Hardie says that came up multiple times.

Hardie talks about 1776, says the king was a "tyrant" and the people had no redress and had to take up arms against him. Says "a lot of people" feel like that's where America is now.

He also says he believed and still believes the 2020 election was stolen.

Why did you go to D.C., Berkower asks him.

"My perception that the election was stolen was very significant. Like a catastrophic event in our country," Hardie says. Also says he wanted to answer then-President Trump's call.

Hardie says he was already thinking about going to D.C., but ultimately decided to after receiving a message from Guy Reffitt. He said specifically the phrase "stand and be counted" motivated him.

Hardie says Texas Three Percenters chats had a generally "apocalyptic tone."

Hardie and Reffitt wound up driving the 1,300+ miles from Dallas to D.C. Jurors have already heard Reffitt, in his own words, say they did that because he wanted to have his "battle rattle" with him.

"We talked about the need for corrupt people to be removed and replaced by people who were not corrupt," Hardie says. Says Reffitt told him legislators "need to be dragged out and replaced by people who are patriotic to the country."

Berkower asks if Guy Reffitt shared any specific plans for January 6 with him.

"We had discussions that, at the time, seemed like we were joking around. I considered it hyperbole," Hardie says. "We talked about Nancy Pelosi."

Hardie says there were "a million people" at the Capitol. Crowd estimates for the rally at the Ellipse were around 30,000, and not all of those folks went to the Capitol. Somewhere between 10-20,000 went to Capitol, and ~2,000 entered building.

Hardie says he has a concealed carry license in Texas. He says he and Reffitt discussed whether it would be legal to carry a handgun in D.C. Says he learned it wouldn't be legal and it would be impractical to try to get a license.

Hardie says he decided to bring a handgun to D.C., even knowing it was illegal, for self-defense because of the "firebombings" he'd seen on YouTube at BLM riots.

DOJ enters Hardie's cooperation agreement into evidence. He signed the agreement on May 19, 2021.

Under questioning from Berkower, Hardie says the agreement does not preclude the DOJ from charging him in connection w/ January 6, just from using the statements he made to them.

Hardie says he left Wylie, Texas, for D.C. with an AR-15, ammo and a concealed handgun. They took Nicole Reffitt's SUV. Jurors saw a picture of it previously. It has two Three Percenters stickers on the rear windshield.

Hardie says he saw Reffitt's gun once they reached D.C.

Where there specific words Reffitt used about what would happen in D.C., AUSA Berkower asks?

"Well, we talked about getting the bastards out of there," Hardie says. Says they talked about getting Speaker Pelosi out "by her ankles or hair." Joked about her head hitting the steps.

Hardie says he didn't think any of that was actually possible because he'd seen clips of people jumping the fence at the Capitol and getting shot. He's not the first Capitol riot defendant to confuse the White House and the Capitol. (Also, they usually just arrest those guys.)

Judge Friedrich is calling a 10-minute break. AUSA Berkower says government's direct w/ Hardie is about halfway done.

Quick survey of the caffeine choices here in the media room on our fifth day at the D.C. District Courthouse:

- Four coffees
- 1 Diet Coke
- 1 Coke Zero (this is mine, complemented by a chocolate chip cookie)

A few absolute freaks also appear to be drinking water.

Testimony resumes. Jurors see a selfie Hardie took with Reffitt in their hotel room. In the photo, Hardie can be seen wearing a shoulder holster.

Hardie says he brought an armored plate, but not the plate holder, so Reffitt helped him Gorilla tape it to his chest. Says Reffitt also gave him some zip ties, which he said were in case they needed to "detain" someone.

Hardie says he and Reffitt began Jan. 6 by reassembling their AR-15s in their hotel room.

"Why were you reassembling your ARs?" Berkower asks.

"What if something bad happened and we needed them quickly?" Hardie says. Again references the YouTube videos he watched.

Hardie says the concept he had was there might be violence on the streets "from these groups like antifa."

Berkower pushes him: "Mr. Hardie, did you previously say your plan for the ARs was to come back and get them if you needed them?"

"Yes," he says.

Hardie tells jurors he had his handgun and extra magazines in his shoulder holster. He didn't see it, but Reffitt would have had his gun in his hip holster.

After more than an hour of testimony, we've finally gotten to the point where Hardie and Reffitt actually got to the outside of the U.S. Capitol Building. Hardie says people climbing the scaffolding looked like "spiders climbing the walls."

Hardie says he had a one-way conversation w/ a Capitol Police officer on Jan. 6. Told him he respects law enforcement and that he was made at "the a**holes up there."

Hardie got close enough to the back side of the Capitol to touch the building.

Hardie and Reffitt were separated at some point. While that happened, they were in radio contact. Hardie says Reffitt told him he was trying to enter the building. Then communicated he'd been pepper sprayed and had to stop.

Hardie says Reffitt told him about the encounter with Officer Shauni Kerkhoff, about how the pepperballs didn't affect him and how eventually the big canister of O.C. spray stopped him. Said his lips were on fire.

"Did he express to you whether he wanted to go further, but for this pepper spray?" AUSA Berkower asks.

"Yes. He said, 'I wanted to go on, but it was up to other people,'" Hardie says.

"Was he proud?" Berkower asks.

"Yeah," Hardie says.

Hardie keeps saying Reffitt was hit with "bear spray." Bear spray isn't actually a different chemical than regular o.c. spray/pepper spray, it just comes in containers that distribute much more of it at once and at higher pressures.

Hardie describes Guy Reffit as "serious" on January 6 and says again Reffitt was trying to enter the building.

DOJ calls back up image of a Telegram message Guy Reffitt sent other Three Percenters about their state lead being questioned by law enforcement.

What did you think we you saw that, Berkower asks?

"Well, I thought, 'Uh oh,'" Hardie says.

Hardie says after Reffitt sent out a message to "Start purge of all previous conversations" he did delete Telegram messages.

DOJ finishes direct. William Welch up now for cross.

Hardie says when the FBI came to his house the first time, he declined to let them inside. He answered questions but didn't offer up his devices.

A few days later, agents raided his house and business. Seized his guns and devices.

Welch asking Hardie about the search warrant.

"Do you recall whether it said you were under investigation for crimes related to entering restricted grounds? Do you recall whether it said you were under investigation for interstate travel with intention to riot?"

Welch asks Hardie who decides if he's lived up to his agreement with the DOJ or not. Hardie's not actually sure. Says he's never thought about that. Probably AUSAs Nestler and Berkower, he eventually says.

"You have not been charged for your conduct on January 6, is that correct?" Welch asks.

"That's correct," Hardie says.

Welch says Hardie has testified today that he went on restricted grounds. While Reffitt has been in jail, Hardie has been able to travel multiple times.

"You would agree Mr. Reffitt brags, wouldn't you? You would agree Mr. Reffitt uses hyperbole? A lot?" Welch asks.

"Yes," Hardie says.

"You would agree things he says are embellished? You would agree things are dramatized?"

"Yes."

Welch passes witness back.

Berkower questioning Hardie about how many times he met Reffitt prior to traveling to D.C. He says about 3 times.

Also asks if left the Three Percenters because of the FBI.

"I left of my own accord," he says. "Nobody twisted my arm."

Hardie excused. Court breaking for lunch.

Next witness is Karla Kennedy, a nurse and photographer who works with the FBI. She documented the items found at Guy Reffitt's house, and the DOJ is admitting dozens of pieces of evidence via her testimony.

Kennedy is introducing the blue jacket Guy Reffitt wore on Jan. 6. The actual jacket was just shown to the jury.

More evidence being entered: photos of Reffitt's helmet; the flex-cuffs he brought to DC; the .40-caliber S&W handgun found on his nightstand.

Bill Welch up now for cross. Asks Karla Kennedy how many photos she took during the search of Reffitt's house. She says 500-600. Estimates 30 items were taken.

That's all his questions.

Karla Kennedy excused.

FBI Special Agent Laird Hightower is up now. He was the case agent assigned to the Guy Reffitt case in Dallas. Says he's assigned to the bureau's domestic terrorism unit.

Hightower says the FBI first became aware of Guy Reffitt through an online tip. That tip came from Reffitt's son, Jackson, on Christmas Eve 2020. You can read more about that in Jackson's testimony here. wusa9.com/article/news/n…

Hightower says when they first got the tip from Jackson on Christmas Eve 2020, they put it into a pre-assessment bucket. Lower priority, basically. No immediate threat.

What the tip said:

- Guy Reffitt was higher up in the Three Percenters.
- Was planning on traveling to D.C.
- Was planning on some kind of serious damage or other similar activity.

Agent Hightower called Jackson Reffitt after the riot. Jackson told him his father hand indeed gone to D.C. and had video of what he'd done. They eventually met on Jan. 11, 2021, at a restaurant near Jackson's house.

During their meeting, Jackson Reffitt showed Agent Hightower the "telling Patriots to hold my beer and watch this" text. That one just really came back to bite him.

Moving on to Guy Reffitt's arrest. Hightower identifying photographs showing various bruises on Reffitt's body still visible some 10-days after the riot.

Agent Hightower identifies the ballistic vest Guy Reffitt was wearing on January 6. Says it was 22 lbs. Had level III plates in it, which can protect against rifle rounds.

Agent Hightower now introducing the Blackhawk Serpa CQC holster Guy Reffitt kept his .40-caliber S&W in. DOJ and defense fought back and forth over this specific testimony. Judge Friedrich eventually allowed Hightower to testify as a lay expert.

Agent Hightower says he owns two or three of this specific holster.

I thought all this was already litigated pretrial, but Welch is throwing up an objection after AUSA Berkower asks if the holster had any distinctive features on the exterior.

Hightower says the holster has a matte black finish, an auto-lock device and a hip-mounting attachment.

Agent Laird Hightower identified the holster found on Guy Reffitt's nightstand (left). Jurors are now seeing still images from the riot of Guy Reffitt (right) appearing to have that same holster on his hip.

The holster is partially obscured by Reffitt's blue jacket, but Hightower says a "silver linear device" is visible in the holster. Hightower now demonstrating how the locking mechanism and hip attachment words.

Agent Hightower now holding up the .40-caliber S&W pistol found at Guy Reffitt's house. It has a black grip and silver barrel assembly.

Welch, on cross now, asks if Agent Hightower reclassified the Guy Reffitt investigation as an "immediate threat to life." Hightower says no.

He asks if, during his interview w/ Jackson, he learned that Guy "drinks a lot." Hightower says he doesn't remember that.

"Did you learn whether my client had income at that time?" Welch asks.

Hightower says he recalls learning the mother and older sister were the primary breadwinners at that point.

Back on redirect, Berkower asks Hightower if he only saw this image later. He says yes, he originally had more obscured and lower-quality images at first. Wasn't able to identify the handgun on Reffitt's hip until this better image became available.

And that's that. Hightower excused. Court is going to recess until 9:30 a.m. Monday morning.

Judge Friedrich admonishing the jury again that they can't talk to anyone about the case, look up anything about it, etc.

DOJ has four remaining witnesses: the chief FBI agent on the case, two more USCP officers and Peyton Reffitt, Guy Reffitt's younger daughter. AUSA Nestler says they expect to rest the case before lunch on Monday.

William Welch says defense is not going to call any witnesses.

Judge Friedrich says if there is no defense case, hopefully closing arguments can happen Monday.

MORE: A fellow Three Percenter told jurors he and Guy Reffitt carried handguns with them to the Capitol. Then, an FBI agent showed them Reffitt's gun.

With 4 witnesses left, the case is expected to go to the jury by Tuesday afternoon for deliberations. wusa9.com/article/news/n…