Before proceedings begin today, Rhodes's defense counsel is raising concern about the effect of this piece of evidence on the jury in light of recent events. 🔽
In particular, he wants to voir dire the jury on whether they heard POTUS say yesterday:
"After the assailant entered the home asking: “Where’s Nancy? Where’s Nancy?” Those are the very same words used by the mob when they stormed the United States Capitol on January the 6th."
As we get closer to the defense case, AUSA Nestler wants to establishe the complicated rules of the road in a five-defendant trial.
AUSA: Defendants do not have a right to cross-examine defendants or other defense witnesses unless the testimony inculpates that defendant.
AUSA says they don't want Rhodes testifying and having all four co-defendants crossing him with leading questions favorable to their cases.
Cross-examining of Agent Moore resumes.
ICYMI, yesterday: A string of messages that Rhodes allegedly sent ordering Oath Keepers leaders to "Clam up" and "DELETE" incriminating messages — via Kellye SoRelle, his purported lawyer and alleged paramour. documentcloud.org/documents/2326…
• • •
Missing some Tweet in this thread? You can try to
force a refresh
Before the defense case officially begins, Oath Keepers member Ken Harrelson's attorney Brad Geyer delivers the opening statement that he deferred when trial began.
Geyer takes a swipe at the press:
"Hyperbolic headlines sell papers or [...] millions and millions and millions of clicks."
Geyer invokes the Boston Massacre trial, a favorite of defense attorneys in establishing the principle that even the most hated defendants deserve a vigorous defense.
He quotes John Adams saying: "Facts are stubborn things."
In the Oath Keepers trial, government witness Jason Alpers testifies that he met with Stewart Rhodes in a parking lot of a Fry's electronics store and recorded it.
He said he did that because the purpose was to decide whether to provide the information to President Trump.
Asked whether he had a relationship with Trump to be able to do that, Alpers said: "Not directly but indirectly, yes."
Alpers on why he wore a furtive recording device:
"I was really using it for my protection, making sure that I had an accurate account of it."
The audio is being entered into evidence and will presumably become public.
The Oath Keepers seditious conspiracy trial resumes, as we head toward the end of the government's case. The lawyers engage in some evidentiary wrangling before the jury enters and witness testimony begins.
Government calls back a former witness:
FBI agent Kelsey Harris, stepping in for agent Whitney Drew because of the latter's scheduling conflict.
He's authenticating more exhibits.
Harris inspects Facebook direct messages between Tom Caldwell and others on Jan. 6, 2021 at 12:42 p.m.
"I WANT a scuffle," Caldwell says after someone tells him to be safe.
Another person talks about a cattle prod; another says stun gun.
Oath Keepers chat from "OK Gator" (OK Fla. leader Kelly Meggs) on Dec. 13, 2020:
"When real shit starts Proud boys die first. It’s ok someone has to be first . It’s always the loud mouths with air soft shit on. I’d rather be the silent killer than the loudmouth dead."
Jason responds:
"I hope not but you’re right in the sense that someone has to be first. Hopefully not the first casualties but the first to create the idea of mass people standing against tyranny."
"GenX," the witness Graydon Young, wrote on Dec. 13, 2020:
"FBI and ATF target patriots."
Young said by "patriots," he was referring to "people who agreed with me."
Next witness testifying against the Oath Keepers in the seditious conspiracy case: Special Agent David Lazarus, who assigned to protect the Speaker of the House.
In his just-finished testimony, Lazarus was one of the people Dunn recalled being "accosted" on Jan. 6th.
Lazarus describes clearing Pelosi and her staffers from the building.
"They know my voice. They recognize who I am. [...]
Lazarus dispassionately recounts them saying: "They're like, 'Oh my God! Thank God! [...] Help us!'"
Q: During this evacuation, did you encounter U.S. Capitol Police Officer Harry Dunn?
A: Yes.