Testimony starting today in Timothy Hale-Cusanelli's trial. Will post periodic updates.
Opening arguments have finished. DOJ told jury Timothy Hale-Cusanelli "genuinely believes" in civil war and that Jewish interests control President Biden. That's why, they said, he entered the Capitol. He lamented they didn't have enough people to hold it indefinitely.
Hale-Cusanelli's attorney, Jonathan Crisp, described his client as "bombastic" and "antagonistic."

Crisp: "He is the guy you have met who just wants to say things to agitate things." But, he said, that's all it is.
Crisp said Hale-Cusanelli was "unequivocally" in the Capitol, but not with any specific intent. He wound up there because of group think. He returned to NJ "full of adrenaline and stupidity" and bragged to his roommate things that had no relationship to fact, Crisp said.
With opening arguments completed, the DOJ is now going through the boilerplate stuff we're going to hear in every #CapitolRiot case. The layout of the Capitol. The construction of the stage for the inauguration. The restricted area. Etc.
Trial set to resume shortly after the lunch break. USCP Inspector Monique Moore still on deck.
Dan Schwager, former general counsel for the secretary of the Senate, now testifying (as he has in other trials) about the constitutionally mandated process of Jan. 6.
Testimony over for the day. Story to come.
TRIAL DAY 1: Prosecutors tell jurors Timothy Hale-Cusanelli used racial slurs to describe election workers and VP Kamala Harris and that he was eager for a civil war. His attorney said he's the guy who "just wants to say things to agitate things." wusa9.com/article/news/n…

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More from @JordanOnRecord

May 23
I've only been listening, not live tweeting, but Matthew Ryan Miller's attorney just told Judge Moss his client should only get a year and a day in prison because it would be more beneficial to focus on treatment for his drug addiction (to marijuana). Moss... skeptical.
“Seeing pictures of my inebriated behaviors that day sends shivers down my spine,” Matthew Ryan Miller tells Judge Moss. “My intentions that day were to wear a wild outfit, drink some beers and have a great time.”
"Every time I think of the events of that day, I feel sickened by what happened," U.S. District Judge Randolph Moss says.
Read 4 tweets
May 20
Rep. @RodneyDavis releases 2nd statement calling for release of footage showing @RepLoudermilk meeting w/ what he's described as "constituent family" on 1/5.

Statement mischaracterizes @January6thCmte's letter, which does not accuse Loudermilk of leading "reconnaissance tours."
See @January6thCmte's letter below. More at issue seems to be that @RepLoudermilk was among @HouseAdmnGOP members who reviewed video and said there were no groups/tours prior to 1/6. Loudermilk now says he did meet w/ group on 1/5 while Capitol was closed.
Rep. Loudermilk and Rep. Davis were also among a group of GOP members who filed an ethics complaint against Democrats for alleging Republicans led tours prior to 1/6. wusa9.com/article/news/n…
Read 4 tweets
May 20
Judge Nichols' novel reading of the 1512(c)(2) statute continues rippling outward. Now one of the #CapitolRiot defendants who pleaded guilty before him, Gina Bisignano, wants to withdraw that plea, citing his ruling in the Garrett Miller/Joseph Fischer cases.
Judge Nichols is the only judge in the D.C. District to find a document requirement in 1512(c)(2) — the obstruction statute under which many #CapitolRiot defendants are charged. Even his three fellow Trump appointees have explicitly rejected it. wusa9.com/article/news/n…
Gina Bisignano's plea deal was unusual: it was filed under seal and was one of only a handful that specifically mentioned witness protection.

That's likely because Bisignano had a meeting w/ other #CapitolRiot defendants after Jan. 6, including Danny Rodriguez & Ed Badalian.
Read 5 tweets
May 19
Starting soon: At 2 PM, five Proud Boys indicted for allegedly conspiring to disrupt the certification of Electoral College votes on Jan. 6 will be back in court for a control status hearing. There used to be 6 in the case, but: wusa9.com/article/news/n…
Bad waiting music today. Bring back the Spin Doctors-esque muzak.
OK, we're getting started. Everybody is present except for Zachary Rehl. His (new) attorney Carmen Hernandez says he'd rather be present, but he understands. Rehl previously had attorney Jonathon Moseley, but dropped him shortly before he was disbarred. wusa9.com/article/news/n…
Read 16 tweets
May 17
Starting now: Motion hearing for nine Oath Keepers in the seditious conspiracy indictment.
Up first: David Fischer, attorney for Thomas Caldwell, arguing the seditious conspiracy charge should be thrown out because it requires a conspiracy against the enforcement or execution of a law, and, he argues, Congress "cannot execute a law."
Fischer quickly glosses over his argument that a member of the executive branch would have had to been executing a law on Jan. 6 without noting that a member of the executive branch, VP Mike Pence, was there.
Read 48 tweets
May 17
See a lot of Twitter speculation about right-wing Pastor Greg Locke's latest fusillade. While it's certainly true his rhetoric has gotten more incendiary and overtly political recently, that doesn't necessarily mean it violates Section 501(c)(3) or the Johnson Amendment.
Section 501(c)(3) DOES allow churches/religious leaders to take positions on public policy issues. Religious leaders can even explicitly endorse candidates *as long as it's not at an official church function or spoken as a representative of the church.*
Greg Locke's latest comments are obviously political *and* take place during an official church function... but that's still probably not enough. 501(c)(3) is tailored toward communications about specific candidates or political campaigns, not general screeds against one party.
Read 4 tweets

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