Thread by @JordanOnRecord

Good morning. We're back at the federal courthouse in D.C. this week for the bench trial of "Cowboys for Trump" founder Couy Griffin. google.com/amp/s/www.wusa…

Griffin is only facing two misdemeanor counts. He's decided to go to trial to argue the Capitol was not a restricted area on January 6 because VP Pence had already been evacuated by the time he arrived. google.com/amp/s/www.wusa…

Little bit of legal wrangling this morning. Griffin's attorneys say the DOJ provided them a big batch of new discovery over the past few days. That includes ~60 video files from Griffin's videographer, Matt Struck, who will be called as a witness.

Griffin's attorney, David Smith, would like Judge Trevor McFadden to strike the new videos and any witness testimony about them. There are other Struck videos from January that would still be admissible, if McFadden agreed.

Griffin tells Judge McFadden he had a couple of beers at the hotel last night.

"There's nothing illegal about that," McFadden says.

McFadden now ruling on a motion from Griffin to require the DOJ to turn over photos of Pence in an underground garage obtained by Jonathan Karl for his book. He says since they're in the possession of the National Archives, the DOJ has no Brady obligation to turn them over.

Judge says he's not going to let DOJ obscure VP Pence's whereabouts on J6 through a "Secret Security exception."

DOJ says they may be at an impasse. They have highly sensitive video of Pence that has not been turned over to defense, but it's their position they legally can't.

"This is your trial date. Do you want to go ahead with trial or not?" Judge McFadden asks AUSA Kimberly Paschall.

Paschall says the government wants to move forward.

Legal counsel for USCP says they clawed back the video in question, which shows VP Pence being evacuated from the Senate Chamber to an unidentified underground area.

McFadden says, basically, I told you it's going to be in the trial. So dismiss the case or turn it over.

Government says the dozens of new videos were turned over last week by Matthew Struck's attorney following a long discussion process about his immunity agreement.

The videos apparently include footage of Couy Griffin speaking to the camera about his understanding of VP Pence's whereabouts on January 6 which, needless to say, could be very important information for the DOJ.

Griffin's attorney, David Smith, says they intend to seek sanctions against the DOJ for delaying in turning over information to them. He also calls a montage of USCP footage the DOJ wants to play "propaganda."

Smith says they government wants to play a "violence montage" when Couy Griffin isn't accused of violence.

"It strikes me that will just make the defendant look better in comparison," Judge McFadden says.

Smith is arguing the video files Matthew Struck, the videographer for Cowboys for Trump, took on J6 were personal videos. Says he didn't travel to D.C. specifically to create a "cinematic experience" for Griffin.

DOJ says they're only planning on using 5 of the ~60 new videos.

McFadden says it "does sort of feel like sandbagging here, doesn't it?"

DOJ says their exhibit list last week to Smith wasn't a final list. Was in response to his request.

McFadden says he's going to order the government to fulfill its Jencks Act obligations by the end of lunch. In this case, that's material related to the testimony of videographer Matthew Struck. en.wikipedia.org/wiki/Jencks_Ac….

"Anyway, I think we're ready for trial," Judge McFadden says.

So, here we go.

David Smith starting off. He says Couy Griffin was arrested on the street. Was held in jail for weeks under a false allegation he entered the Capitol. Smith says corrections officers took pictures of him in his cell "like a monkey."

Smith hammering the DOJ's error in listing VP-elect Kamala Harris as having been at the Capitol. Judge McFadden has also nailed the government for that.

Smith says the 1752 charge is defective because Couy Griffin had no way to know VP Pence would return to the Capitol after the mob had forced his evacuation.

Smith says VP Pence was not at the Capitol when Couy Griffin was, he was in a "different spatial dimension." By that he means underground, which he has argued in a brief is not part of the Capitol complex.

"The government appears to claim Griffin's leading of a prayer at the Capitol inflamed the crowd. That is offensive and wrong," Smith says. "His conduct does not come close to incitement."

AUSA Janani Iyengar is the lead for the government on this case. They're going to call videographer Matthew Struck as their first witness momentarily.

Videographer Matt Struck is on the stand now. Says he met Couy Griffin in 2019 and became friends with him. They began to travel together and he would voluntarily make videos for Cowboys for Trump.

DOJ going to play some videos now, but we only have an audio feed in the media room.

We can't see the video but we can hear people chanting "Decertify!" Struck identifies Couy Griffin in the video.

We can hear Couy Griffin now talking about being "cut loose and sold out by the people who were supposed to be our closest allies." Also says Joe Biden will "never be called anything close to president."

Griffin can be heard talking about how he sat "two feet from where Joe Biden, or whoever, will be inaugurated president." That, obviously, is well within the restricted area.

He also says "Mike Pence sold us out."

Couy Griffin can also be heard saying "D.C. Police told them you can't step over this because they're getting it ready for Joe Biden."

One of Griffin's attorneys, Nick Smith, cross-examining Matt Struck now. Says he wasn't filming Griffin on J6 for Cowboys for Trump. Was just filming.

Struck says the DOJ didn't ask for more videos from him until last week. (DOJ says they didn't know about them because his lawyer didn't tell them about them until last week.)

Struck says the DOJ had initially asked specifically for videos from after the Trump rally at the Ellipse and at the Capitol.

Struck says Griffin wanted the videos he shot to release them to the press, but Struck didn't want to do that.

Griffin's attorneys argue the new videos should be struck because the DOJ could have gotten them at any point. DOJ says it only received them after asking a sort of cursory "anything else?" type question, at which point Struck handed over 60+ files.

Judge McFaden is going to grant in part the defense's motion to strike some of the videos. DOJ will be allowed to play two videos that would have fallen into their original request to Matt Struck.

Judge McFadden says he thinks the DOJ's initial request to Struck was "unduly limited" and it's their fault they didn't ask for all relevant videos until a week before trial.

DOJ plays another video where you can hear Couy Griffin say "we can fight our way to it" if we need to. But it's hard to hear with all the yelling in the background exactly what he's talking about.

Another clip where Couy Griffin says things will become "less and less peaceful" if the "laws aren't followed." But, to defense's point, he does say "today is a peaceful demonstration". J6 obviously was not a peaceful demonstration, but Griffin himself is not accused of violence.

David Smith asks Struck what Couy Griffin intended to speak about at the Trump rally. Objection from DOJ overruled. Struck says Griffin wanted to lead a prayer.

Struck says he and Griffin were "specifically looking for a place to pray" at the Capitol on January 6.

"Did it appear to you Griffin may not have had a very strong grasp of what was going on inside?" Smith asks.

Objection from DOJ. Sustained.

Smith now entering a video of Griffin that Struck shot in Roanoke, Virginia, on January 7. You can hear Griffin saying they got the news en route to the Capitol that "Mike Pence had sold us all out and the elections were certified."

In another video, Couy Griffin says he had heard VP Pence had already certified the election. "Maybe that's what caused a little bit of the boil over," he says.

Smith tries to enter another video to demonstrate Griffin's state of mind, but McFadden sustains an objection from the DOJ.

Under questioning from Smith, Struck says Griffin seemed to think the Capitol complex was roped off for the Biden Inauguration, which was two weeks away.

Smith is now introducing one of the new videos from last week. DOJ tries to object, since they weren't allowed to use them, but Smith points out McFadden only blocked three of them.

Smith plays a video of Couy Griffin leading a prayer at the Capitol. Asks if the crowd around him looked agitated.

"No. It looked like they were calm and listening to Couy," Struck says.

Smith asks Struck if he's ever seen Couy Griffin become physically aggressive with anyone. He says no. Says they were at the Capitol to pray and once they had they left.

Struck says Griffin told him it would be a bad idea to scale the walls. Cross-examination over.

DOJ now playing video of Griffin saying, "We're not going anywhere! And we're not going to have our elections stolen by China!"

Alright, we're heading to lunch for an hour. Attorneys will go over some discovery issues during the break.

Ok, back on the record. Next witness is U.S. Capitol Police Inspector John Ericson. Currently oversees Senate Wing for the department.

Ericson says the Capitol Building and grounds were not open to the public on January 6.

Sorry, I think it's Erickson. Inspector Erickson says he was in charge of USCP's inaugural task force on Jan. 6.

DOJ now admitting a 20-minute montage of J6 footage over the objection of Griffin's defense. USCP security cameras have no audio, and we don't have a video feed in the media room.

Montage is over. David Smith up now to cross. Asks if the VP's office in the Senate Wing is reserved just for him? Erickson says yes. How often does VP appear at the Capitol? Often.

Smith walks Erickson through a sort of convoluted series of questions about Secret Service protectees being on Capitol grounds. The point, I think, is that if Griffin didn't come to try to speak to Pence, the USSS restricted area isn't relevant.

It's really hard for us in the media room to tell what they're talking about here because they're referencing a map and pictures we can't see.

Erickson says people should know not to climb over a wall on Capitol grounds.

"Well that might be, officer, but the wall was not specifically placed for January 6," Smith says.

Smith is trying to submit a statement by some other USCP officer who once said the Capitol Visitor's Center was not part of the Capitol Building (it is). DOJ objects. Sustained. USCP isn't party to case and is entirely different branch of government from DOJ.

Why is this relevant? If this is the route Pence was evacuated through, Smith can argue he had technically left the Capitol Building as soon as he reached the threshold of the visitor's center.

Smith tries repeatedly to ask Erickson if protestors are ever just told to leave or are arrested for petty trespassing, but can't overcome DOJ objections.

Smith now quibbling with Erickson over whether the restriction outside the Capitol was different than inside the Capitol. Erickson says a restriction is a restriction. Judge McFadden tells him to move on.

Going to take a short break before what I believe is the final witness, a USSS agent.

DOJ says they've gotten approval from USCP to play the video previously designated highly sensitive. It shows at least some portion of VP Pence's evacuation from the Senate Wing.

But first, DOJ playing a video now of Couy Griffin speaking about his presence in D.C. on Jan. 6. He says he was invited to speak by the "Stop the Steal" rally organizers, Women for Trump.

Final witness is U.S. Secret Service Agent Lanelle Hawa, currently assigned with the inspection division but assigned with the liaison division on January 6. Responsible for coordinating protection for USSS protectees, like the vice president.

Hawa says Pence and his family retreated to his Senate Wing office first because rioters were repeatedly breaching the outer snow fencing perimeter on the b east and west side of the Capitol.

USSS Agent Lanelle Hawa confirms previous reporting that VP Mike Pence and his family were evacuated to a loading dock underneath the Capitol on January 6. This is the first time this has been testified to on the public record.

This, obviously, is also why Couy Griffin's attorney tried so hard to enter a statement about the visitor's center (and, thus, its loading dock) not being part of the Capitol.

Smith is now pressing Hawa on whether U.S. Secret Service or USCP determined the restricted area around the Capitol on Jan. 6. Hawa says it was a long-standing area.

Smith seems to be trying to get Hawa to say that if anyone other than USSS agents were manning the barriers, or if any USSS agent didn't know the exact outline of the restricted area, then there was no restricted area.

Smith asking if anyone in her experience has ever entered a restricted area without knowing it. She says USSS agents normally stop them and inform them they can't enter. She always identifies herself.

Obvious big asterisk to what Smith is leading up to here is J6 was a riot.

Smith is trying to conflate the president visiting, say, a local high school for a one-time visit — and the planning and discussions required to set up a brand new restricted area — and the quadrennial event of the certification of Electoral College votes.

Smith asks if the security detail for VP Pence performed well on J6. Objection sustained. He asks if proper policy was followed. Objection sustained.

Smith asks if the vice president was speaking at a rally in Florida, would the restricted area extend to a tunnel underneath the earth? Objection sustained.

Smith is trying to get Hawa to answer whether USSS restricted areas are three dimensional or not, basically. DOJ objects, says this calls for a legal opinion. Objection upheld

DOJ objects to continued questions in this vein from Smith and he growls at the AUSA, says she's objecting to everything. He then tries to talk over McFadden and gets shut down. "You have two minutes," McFadden says.

Things got a little tense there for a minute. McFadden tells Smith he hasn't proved VP Pence ever left the restricted area, which probably dooms that particular defense strategy (although there are others). Smith pauses for a minute, asks one more quick question and is done.

On redirect, DOJ establishes this wasn't just local police setting up an ad hoc security perimeter around a football field. The security perimeter around the Capitol for January 6 is the security perimeter around the Capitol for January 6 every four years.

That's going to be it for the day. Judge McFadden is calling Hawa back tomorrow at 9:30 a.m. Lawyers will do closing arguments and then he'll rule. Smith says they're filing a Rule 29 motion to dismiss, which he already has written. Story to come shortly.

MORE: For the first time, a U.S. Secret Service agent has *publicly* testified about where VP Mike Pence and his family were hunkered down during the #CapitolRiot. wusa9.com/article/news/n…

Also, Judge McFadden seemed to spell doom for one prong of the defense's theory, saying Couy Griffin's attorney had failed to show VP Pence ever left the restricted area. But they didn't put all their eggs in that basket. wusa9.com/article/news/n…