Thread by @ZoeTillman

Today is Day 6 of the first trial in the massive Jan. 6 prosecution effort.

For a refresher on the charges facing Guy Reffitt, a Texas militia member accused of being the "tip of the mob's spear" at the Capitol, with a handgun holstered on his hip: buzzfeed.com/zoetillman/ref…

The challenges of choosing a jury: buzzfeed.com/zoetillman/jan…

The jury is seated: buzzfeed.com/zoetillman/guy…

The officer who tried to stop him: buzzfeed.com/zoetillman/guy…

His son takes the stand: buzzfeed.com/zoetillman/ref…

The ex-militia member with immunity: buzzfeed.com/zoetillman/guy…

Some activity before the jury is brought in today:
- Govt says they will *not* call defendant Guy Reffitt's daughter, who was 16 at the time of Jan. 6

https://twitter.com/joshgerstein/status/1500835864766734340

- Reffitt's lawyer Bill Welch says they'll make a Rule 29 motion for acquittal to the judge, Judge Dabney Friedrich says she'll reserve ruling until the jury is finished, citing the snafu in the Palin case where jurors got push alerts of the judge's decision

The jury is back in, up next is witness #10, USCP Sergeant Adam DesCamp, who will testify about being part of the small group of officers at the top of the stairway involved in trying to stop defendant Guy Reffitt from advancing up; he was part of the "less than lethal" team

The jury heard last week from former USCP officer Shauni Kerkhoff, who talked about using a pepperball launcher to initially (unsuccessfully) try to stop Reffitt; DesCamp had the FN-303 projectile launcher, which is designed to cause more pain

DesCamp says that he and Kerkhoff were on the east side when they heard an inspector call over the radio for the less-lethal team to "launch," which means they were being asked to fire on demonstrators, he says that's the first time that's happened

DesCamp says that when he got the top of the stairway on the west side, he saw Officer Kerkhoff engaging with Reffitt as he was advancing up, DesCamp says the man was saying things to her like "you can’t stop us all" and "let us in" and "don't be a traitor"

DesCamp, like Kerkhoff, describes how when Reffitt would take a step, the people behind Reffitt would move up too, "taking cues." He said there were 3-4 officers on the landing against the "excessively large" crowd. Was he feeling outnumbered, AUSA asks? "Absolutely"

DesCamp describes watching the mob behind Reffitt cut/tear through the tarp covering the scaffolding, creating an access point to the Capitol, hundreds of people flooding in

Jury sees a new video, taken from perspective of someone in the crowd, we see DesCamp in a gas mask trying to block a doorway to a landing at the top of the stairs, camera pans to a crush of people inside the scaffolding discussing how to get in

Then something happens and the crowd realizes there's a new entrance point farther up the stairs and they head up to what DesCamp explains is the upper west terrace, a small line of officers trying to maintain bike racks as mob pushes against it, one officer seen taking out baton

DesCamp says he cont'd to guard a doorway, crowd pushed his gas mask aside, sprayed some kind of cleaner/chemical, put his mask back on — he said he could still function. Then they pushed his mask aside again, sprayed bear spray, and put the mask back on — "that had a bad effect"

On cross ex, Reffitt's lawyer Bill Welch has DesCamp confirm Reffitt never touched officers, never threw anything at officers, didn't cut tarp, wasn't seen inside the scaffolding, wasn't part of crowd pushing/spraying chemicals at DesCamp, was incapacitated by the pepper spray

Welch has DesCamp confirm that he didn't hear Reffitt threaten Kerkhoff/himself — DesCamp says he didn't hear direct threats, it was "implied"

On redirect, AUSA has DesCamp explain why he felt Reffitt's statements were implied threats — that mob was coming up, implying they would attack to get through — and to confirm that the people who assaulted him with chemical spray were part of the crowd that was behind Reffitt

That's a wrap on DesCamp, next up is witness #11, FBI special agent Thomas Ryan, the lead agent in DC on Guy Reffitt's case

Ryan is showing data pulled from the Life 360 app on Reffitt's phone showing the changes in location between Jan. 4-Jan. 6, the jury is seeing a map of the route from Texas to DC, and then within DC on Jan. 6 (between hotel in Georgetown and the Capitol)

Now we're seeing the receipt for the hotel room that Reffitt booked in DC, at the Melrose in Georgetown, confirms two guests (the jury heard last week from Reffitt's traveling companion, Rocky Hardie)

Ryan also intros Mayor Bowser's curfew order at the time. Finally, he identifies a holster that he says he bought via Amazon to use as a demonstrative to the jury because the FBI didn't seize the one in Reffitt's home (same model) "for whatever reason" — jury saw a demo last week

On cross ex, Welch has Ryan confirm that the Life 360 app data shows Reffitt did not violate the mayor's curfew order while he was in DC, also asks him to confirm Jackson Reffitt did a CNN interview/set up a GoFundMe fundraiser

They're taking a short break. The govt has one more witness to go, and then the judge says the jury should expect to take a long lunch as they work through various legal issues after the govt rests its case (recall no defense witnesses expected)

Love to be back in the E. Barrett Prettyman courthouse, where some of the nation's most accomplished judges and lawyers work and where when you turn on one faucet, the one next to you mysteriously starts running too

Jury is back in, witness #12 (the final govt witness) is USCP Sgt. Matthew Flood, who was with the other officers that the jury prev. heard (Kerkhoff and DesCamp) from who were involved in confronting Reffitt on the stairs on the west side on Jan. 6

Flood describes arriving at the landing where grenadiers were positioned, checks in with Kerkhoff who told him that the person in the blue jacket (IDd as Reffitt) was a problem, so Flood deploys his cannister of OC spray, Reffitt stands w/ hand up, jury sees video of this again

Flood says the crowd was shouting at them, calling them "traitors" and saying "fuck you." Asked what it meant to be called a "traitor": "I took it as a... (pauses, shakes his head) I dont know. It was hurtful somewhat"

AUSA Nestler asks if Flood is right or left-handed. He says rightie. Nestler asks why Flood is seen deploying OC spray using his left hand in the video. Flood says he wanted his right hand free to be able to access his firearm

Flood talks through video of another angle of the crowd as Reffitt appears to wave ppl on — this is the Emily Molli video, and each time the govt replays it, the jury sees the part where Reffitt's jacket lifts up and an FBI witness testified last week you could see a holster

Flood says that after leaving the outside landing area, he ended up inside the Capitol, and was part of the effort to evacuate members of Congress from the Senate chamber after rioters had breached the building, noting there was just one evacuation route possible for them

On cross ex, Welch is asking Flood similar question as DesCamp earlier, having him confirm Reffitt never touched him, never saw Reffitt touch other officers, didn't try to disarm officers, etc. When he removed baton, b/c of Reffitt? Flood says it was because of crowd as a whole

On redirect, Nestler asks for Flood's perception of Reffitt's role in the crowd, Flood says Reffitt was "leading" them up to the stairs. Did it cross his mind to draw service weapon? Yes, we were overwhelmed, saw ppl in tactical gear, gave me the impression they had firearms

In discussing why he didn't draw his gun, Flood says he was concerned that if he did that, people in the crowd would draw guns, and it would become an even more dangerous situation

And with that, the govt rests its case.

The jury is let go for a long lunch, Reffitt's lawyer (as expected) formally makes a motion for acquittal, says he'd like to submit a written filing on it

They're now going to hash out any final issues with the instructions that Friedrich will read to the jury

Important exchange — Welch objects to instruction saying jury can consider statements/actions of others in weighing whether Reffitt aided/abetted obstructing Congress, saying the govt hasn't IDd others in the crowd. Friedrich says she doesn't think that's required under the law

(The specific instruction they're dealing with has to do with assessing Reffitt's intent, it sounds like they're going to put the language at issue in another part of the instructions re: aiding/abetting)

Okay, sounds like the order this afternoon will be:
- Jury comes back
- Judge goes through instructions
- Closing arguments (~45 mins for govt, ~15 mins for defense)
- Closing instructions
- Alternate jurors discharged
- Release jury around 4:30pm, back to deliberate 9:30am

Friedrich advises Reffitt of his rights re: testifying, and he confirms he does not want to testify.

Brief discussion of Welch's plan to file written motion for acquittal, says it'll be focused on count 2 (obstruction of an official proceeding)

Now they're breaking for lunch

For those who haven't had the pleasure of spending time in the federal courthouse in DC: It is literally across the street from the Capitol, I'm looking at it right now from the cafeteria (no pics allowed). Rare to have a trial next to the scene of the crime, generally speaking

Judge Friedrich is back on the bench, going over the final changes to the jury instructions before bringing the jurors back in

Friedrich confirms that given the time and the pace they've been moving at, there's no way they'll get through instructions, closings, dismissing alternates with enough time for the jury to actually start deliberating today

The jury is brought back in, and Welch officially declares that the defense rests (no witnesses). Friedrich reminds the jury that the defense has no obligation to put on a case and that the burden of proof rests with the government. Instructions time.

Friedrich finished reading the instructions to the jury, here's that document for those interested: s3.documentcloud.org/documents/2139…

They're taking a short break and then we'll hear closing arguments from the govt and defense

The jury is back, first we'll hear from the govt for closings

AUSA Risa Berkower: "On January 6, 2021, Guy Reffitt lit the fire of the very first group of rioters that breached the US Capitol building."

Armed w/ a bulletproof vest and handgun, he stepped to the front of an angry mob and confronted a line of officers "making a last stand"

Berkower is focusing on Reffitt's role as a leader of the initial breach, saying that his advance energized the crowd, they found another route through scaffolding while officers were distracted with him, his confrontation revealed that police were using nonlethal projectiles

Berkower: Reffit’s actions "allowed the crowd not just to advance but also to adapt," noting other people around him began improvising shields to block projectiles from the officers

Berkower replays videos that show Reffitt's confrontation with USCP. Moving to Reffitt's texts to family and militia, Berkower alludes to Welch's claim Reffitt just talks big: "Was he bragging? Of course he was, but he was bragging about what he actually did that day"

As for the firearms charges, Berkower puts up this photo again, saying it's part of the "mountain" of evidence that Reffitt went to the Capitol with a handgun

Berkower is highlighting messages that indicate Reffitt's plan was always to storm the Capitol and take out members of Congress, and the actions he took (going armed and with zip ties, for ex.) showed it wasn't just "bluster"

Berkower showing clips from the camera on Reffitt's helmet as it recorded during the Stop the Steal rally at the Ellipse, with Elton John's Tiny Dancer playing in the background, Reffitt is heard talking about dragging out lawmakers, "they are all coming out"

Berkower: There's a difference between not knowing what the law says and not caring what the law says. Evidence shows Reffitt knew he could not bring guns to DC, willing to break that law, just like he decided Congress committed unthinkable acts that justified vigilante justice

Berkower concludes, Reffitt's lawyer William Welch is up — he begins by saying his client *is* guilty of count 3a, which is entering/remaining in a restricted area, but not guilty of any of the other counts. He repeats Reffitt didn't assault anyone, contends he was *not* armed

Welch: "Guy does brag a lot. He embellishes, he exagerates."

Welch attempts to invoke Trump and Giuliani's speeches at the Stop the Steal rally — a la "fight like hell" and "trial by combat — AUSA objects, judge sustains

Welch urges the jury not to trust Rocky Hardie and Jackson Reffitt, questioning their memory and motives for testifying. He argues that Reffitt's confrontation with USCP happened before Pence/members evacuated, suggesting that undercuts efforts to connect him to the breach

Welch questions why the govt had to buy a holster to demonstrate to the jury and why they didn't seize the one they said they found in Reffitt's house

As for the image of Reffitt the govt contends shows a gun, Welch leans in on suggesting the jury should question the authenticity of anything that's not stamped USCP footage: "You do not know who prepared them, how they were prepared, how they were enhanced or when"

Welch: "This case has been a rush to judgment. Most of it based on bragging and a lot of hype. Be the grownups in the courtroom, separate the fact from the hype, find Mr. Reffitt guilty of count 3a, not guilty of the other charges. Thank you for listening."

On rebuttal, AUSA Jeffrey Nestler is up, reiterates Berkower point that yes Reffitt brags — "You know what he brags about? The truth." Goes back to Reffitt's descriptions of what he did, compares it to the photo/videos

Nestler: "Ordinarily it's impossible to know what a person is thinking...but in this case, the defendant has actually made it easy for you, he was open about his intent and his knowledge."

Nestler concludes by saying Reffitt thinks he is above the law, he thinks he is justified, it's the jury's "job to tell him he is wrong"

It's later in the day than Friedrich hoped to end things, and jurors indicate to her that they need to leave, so she's going to finish with closing instructions in the morning and then they'll begin deliberating. She does excuse the four alternates, so they don't have to return

Here's the defense theory of the case that the jury heard today in the first Jan. 6 trial:
- key witnesses can't be trusted
- maybe video evidence was faked
- the defendant, Guy Reffitt, is full of it

Jury deliberations start in the a.m.

On Day 6: buzzfeednews.com/article/zoetil…