As we continue to wait for long-overdue justice to come for Trump, I’m reminded of a phrase I heard a lot when I was prosecuting murder cases in DC: “the streets know.” When we were investigating homicides proactively in the grand jury (meaning, no arrest had yet been made),
I would regularly meet with the victim’s family members to update them on the status of the investigation. Understandably, they often would ask me what’s taking so long - why has there been no no arrest/indictment. When I’d talk about the need for a thorough investigation to …
identify the killer, the family often would say, “but Mr. Kirschner, the streets know.” And they were right. The “streets” often know who the criminal is long before law enforcement knows. Of course, police & prosecutors need to build cases on admissible evidence as opposed to
word on the street.
But I saw how frustrating/maddening/upsetting it was for families who had a loved-one taken from them by violent crime, knowing who did it but having to wait for what seemed like an eternity for an arrest/indictment. This is precisely where we the people are
right now. We are “the streets.” We know who planned, orchestrated, and executed the insurrection. We know who stole classified documents and national defense information from the White House and unlawfully concealed it at Mar-a-Lago. We - the streets - KNOW Trump committed these
crimes. And we know Trump continues to endanger our democracy. And that’s why it’s so d@mn maddening that we have to sit here, awaiting a Trump indictment, while Trump & his criminal associates continue to try to burn it all down. So yes, the streets know what Trump has done.
But just as I told my homicide families, we have to do a thorough investigation in the grand jury. We have to get this right. Because when the killer is indicted, we want to make sure he’s held accountable. And when Donald Trump is indicted, we want to make sure he’s convicted.
Because #JusticeMatters.
Hang in there friends.

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More from @glennkirschner2

Oct 12
A former Oath Keeper, Terry Cummings, is testifying. He’s a retired member of the Air National Guard. He went to DC on Jan 6. He brought his AR-15 assault rifle and left it in the Virginia hotel, together with “more weapons/firearms than I had ever seen in one place since …
being in the military.” Cummings testified that he brought his firearm as a “show of force” and so the Oath Keepers would “have a presence.” In a bit of testimony I found . . . curious, Cummings said his phone died so, on the early morning of 1/6 he went to a Walmart and bought…
a prepaid phone with cash because he wanted to “stay in touch with his wife.”🙄🤨
He testified that he and other Oath Keepers were in the VIP section at the Trump rally and were proving a security detail for an unidentified “Hispanic woman.” He then heard the …
Read 4 tweets
Oct 12
FBI SA Eller finished up this morning and the day started with the testimony of FBI SA Joanna Abrahams. To recap yesterday afternoon, the testimony focused primarily on defendant Jessica “Jolly Roger” Watkins. Some highlights: lots of written communications in which …
Watkins was recruiting people to join the Oath Keepers. Example, she was recruiting someone with the handle “Recruit Leah.” Leah at one point asked, “so I should get comfortable with the idea of death (fighting for the cause)?” Watkins responds, “That’s why I do what I do.” …
Leah says, “hope the (Oath Keepers) training will help me be ok dying for country.” Prosecutors moved into evidence the gear Watkins was wearing on 1/6: combat helmet, vest with body armor, hard knuckle gloves, pepper spray, etc. They also introduced evidence of weapons …
Read 6 tweets
Oct 6
Lots of interesting info presented through the testimony of former Oath Keeper John Zimmerman. Not to bury the lede, Zimmerman left the OKs in Nov. 2020 (after the Million MAGA March) because Elmer Stewart Rhodes suggested they dress up as vulnerable people, bait “ANTIFA/BLM”
into attacking them, and then give them a beat down. That, and other things Rhodes said and did angered/disgusted Zimmerman, and he left the OK organization after just 3 months.
Zimmerman is retired military. He said they were trying to keep people safe from “ANTIFA.” When the prosecutor asked him what HE meant by ANTIFA, he said, “basically BLM.” When he again was asked what he meant by BLM he said, BLM are the “folks who were fighting racism.”
Read 6 tweets
Oct 3
Caldwell’s attorney was a bit bombastic, moderately effective but way too selective, ignoring some of the most incriminating evidence implicating his client, like his client’s statement, “let’s take the damn Capitol, storm the place and hang the traitors.” But he effectively. . .
highlighted some of the mistakes by law enforcement during the investigation. Of course, in 30 years I never saw an error free investigation, and I never tried an error-free case. That’s the nature of all human endeavors. Watkins’ attorney had a tough job, because Watkins is …
caught on video inside the Capitol instructing the mob to, “push, push, push (through the police line), get in there (the Senate chambers)!”She’s then seen bragging on camera about “taking the Capitol.” Her attorney told the jury up front the defendant is “a transgender woman …
Read 4 tweets
Oct 3
Well . . . if you blinked you might have missed the opening statement by Elmer (Stewart) Rhodes’ defense attorney. Two themes emerged in the short opening statement: the government/prosecution engaged in “mischaracterization and overreach.” Though he didn’t say how.
And he went all-in on the Insurrection Act angle, claiming Rhodes did all this because he anticipated that Trump would invoke the Insurrection Act which (he claims) would have given Rhodes authority to deploy his armed associate to the Capitol. Of course, Trump didn’t invoke …
the Insurrection Act. And even if he had, it would NOT have authorized the Oath Keepers to take up arms and head to the Capitol. But I guess those are just minor details to Rhodes. But Rhodes has bigger problems, because the prosecutor told the jury that Rhodes expressly said …
Read 6 tweets
Oct 3
Prosecution - AUSA Jeff Nestler - just gave his opening statement at the Oath Keepers trial. Compelling presentation. Incorporated diagrams, photos, video, audio and charts into a coherent narrative. Importantly from an evidentiary perspective, he highlighted the words of …
the defendants themselves, saying things like: they were there to “overthrow” Congress, “we have to take matters into our own hands,” “we’re taking the Capitol,” “we stormed the Capitol, forced our way into the Senate and the House,” etc. The prosecutor even showed the jury …
the patches worn by defendant Kelly Meggs: next to the Oath Keepers patch was a second patch that said, “I don’t believe in anything, I’m just here for the violence.” A bit of comic relief, sometimes the conspirators would try to speak in code. One said he would “schlep weps.”
Read 4 tweets

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