Hello from the DC federal courthouse, where a jury trial is expected to kick off today for Jan. 6 defendant Thomas Webster, charged with assaulting police on the Capitol grounds. Per filings, this could be an early test of how a self-defense claim plays out.
As of now, we expect this trial to have in-courtroom public access only, which means no public line and no phones/computers for those watching live, stay tuned
Thomas Webster's trial kicked off with dueling videos. Competing theories of the case are—
Govt: Webster was the aggressor, MPD officer was trying to create distance, Webster instigated violence
Defense: Webster was angry, but the officer instigated by punching him in the face
The jury saw the video below, which was prev. released as part of proceedings in Webster's case. Defense showed video of another angle above (which I don't think we'd gotten before), they contend it shows officer deliberately punched Webster and argue officer then lied about it
Lunch break in Jan. 6 defendant Thomas Webster's trial. They finished up with witness #1, a USCP captain who walked the jury through the layout of the Capitol complex and specifically the areas at issue in Webster's case on the grounds on the west side
The jury saw bird's eye surveillance video on the west side of the Capitol grounds as 100s of ppl amassed, with a single line of police between that crowd and the plaza leading to the building, and then as rioters pushed back that line and ultimately broke through it
Here's the video showing another angle of the altercation that Webster's lawyer argues shows the officer instigating w/ a punch. It appears to show Webster shoving the bike racks, followed by the officer swatting him back (quality/distance makes it hard to see detail)
A NY man recorded at the Capitol on Jan. 6 shoving security barriers, swinging a flagpole at an officer, and knocking the officer down and trying to rip off their helmet is arguing he acted in self defense.
An MPD detective who investigated Jan. 6 attacks on police said the officer allegedly assaulted by Thomas Webster reported an injury — an unrelated one. He wasn't surprised the officer didn't remember the altercation, given the chaos and trauma of the day. buzzfeednews.com/article/zoetil…
"If I could forget that, I would," the detective testified. He described combing through footage from dozens of MPD body cameras that captured police confrontations with rioters on Jan. 6 up close. buzzfeednews.com/article/zoetil…
The defense theory is that Webster was provoked by the MPD officer he's charged with assaulting. One govt witness testified that he thought Rathbun showed restraint, disarming Webster of the flagpole he was swinging and then retreating w/out using weapons buzzfeednews.com/article/zoetil…
The jury heard from a US Capitol Police officer who was part of the line trying to hold off the mob in front of the Capitol. As rioters pushed through, she said the situation became v. dangerous b/c a) they didn't know if people were armed b) the threat was in all directions
The USCP officer said rioters were throwing anything they could find, she was hit in the head with a wooden plank but wasn't injured thanks to her helmet + beanie that helped absorb the blow. She said other officers around her had no protective gear.
Webster's trial will pick up again tomorrow at 9am. The MPD officer that Webster is charged with assaulting is expected to testify.
Sitting in on voir dire for Jan. 6 def Thomas Webster's trial, and since I got here:
- fed employee who wouldn't ID what agency she works for but came in contact w/ FBI
- man who raised jury service concern in light of DC's lack of representation
- reporter who was at the Capitol
Only been here a short while, but the mix of responses from prospective jurors remains consistent across Jan. 6 trials - everyone knows something, some more than others but not about specific cases, most say they can set aside views/knowledge and be fair to the individ. defendant
New: As Jan. 6 cases finally head to trial, people charged in joint prosecutions are pushing to spin off their cases, arguing their codefendants carry more damaging baggage in terms of charges and evidence and will hurt their chances before a jury. buzzfeednews.com/article/zoetil…
The majority of people arrested in connection with Jan. 6 are being prosecuted individually. Prosecutors are defending the cases where they charged defendants jointly, highlighting shared allegations and overlapping evidence. buzzfeednews.com/article/zoetil…
In one case, a son is backing his mother's bid to separate their cases — he's charged with assaulting police and she's not. Prosecutors counter that the common charges + evidence that puts them together at the Capitol (see photo) merits a joint trial buzzfeednews.com/article/zoetil…
Far-right troll/activist/personality Tim Gionet, aka Baked Alaska, has been formally charged by information with one misdemeanor count for parading more than a year after his arrest re: Jan. 6. This has usually meant a plea is coming, but nothing's on the docket yet, so TBD
Gionet was set for a 1pm status hearing, but his lawyer Zachary Thornley just told me that's off the calendar now. Thornley wouldn't confirm if he'll be pleading guilty: Gionet "is still navigating this process. He looks forward to eventually putting this behind him"
Previously on Gionet's arrest in connection with Jan. 6 (also with the disclosure that he's a former BuzzFeed employee): buzzfeednews.com/article/juliar…
Judge Chutkan isn't swayed by surveys of DC residents that defense attys have presented as proof the jury pool is prejudiced, but agrees expanded questioning is a good idea
Chutkan points out that the population of DC residents potentially called for jury service isn't a 1:1 overlap with the pop of DC residents who actually voted, so citing 2020 election results isn't persuasive, plus political mix of surveyed residents is more complex
Defendants have cited phone polls of DC residents vs. Georgia residents to show taint of DC jury pool. Chutkan breaks down why these types of polls aren't as reliable as voir dire
It sounds like Stewart Rhodes and the other incarcerated defendants in this case are present in-person in the courtroom, while at least some lawyers/defendants are dialing in remotely
Re: discovery, AUSA says they're close to being done turning over all the case-specific evidence that they have to date, and will continue to produce materials as they come in re: the "ongoing" investigation, but that pace is slowing down
New: A defendant in the Proud Boys conspiracy case (the one Enrique Tarrio was recently added to) is set to plead guilty this morning — Charles Donohoe had been the president of his local chapter in North Carolina. Stay tuned. buzzfeednews.com/article/zoetil…
Hello again from Judge Timothy Kelly's virtual courtroom, where a plea hearing is getting underway for Charles Donohoe, a Proud Boys leader from North Carolina charged with conspiracy.