Pretrial hearing in Proud Boy Leader case. A debate about whether Antifa (yes) or BLM (maybe) will definitely come up at trial. There's an effort to prevent prosecutors from introducing events from December 12, including Tarrio's destruction of BLM banner.
Prosecutor Erik Kenerson: It's all thru the chats. It'll come up in the civilian witnesses at trial. Who they thought was taking down America.
Carmen Hernandez says Zach Rehl doesn't oppose BLM bc they oppose police brutality, which explains why he as still hanging around Tarrio after the BLM flag attack.
DONE! Antifa is in the jury questionnaire.
Kelly is describing what's happening with the questionnaires w/o awareness, it feels like, of what happened with the Stone case, in which a defendant before him had a starring role.
Nick Smith wants to jump to all the sealed discovery before the questionnaire is done.
He, like me, thought the questionnaire was done. But Biggs' lawyer has concerns still.
He, like me, thought the questionnaire was done. But Biggs' lawyer has concerns still.
The nutty thing about asking if they're read NYT is @alanfeuer has raised real issues with the PB case.
@alanfeuer Tough luck, #SeditionHunters. You're not going to be included in the jury questionnaire.
Nick Smith is frustrated that all Jencks material is sensitive, so can't be filed publicly. USG is saying it is witness safety. Smith says proffers about Jencks material (he mentioned Bertino) conflict with USG representations.
Smith: Both Donohoe and Bertino said no plan on the Capitol before Jan6.
Smith: Why would a witness be endangered by statements that are exculpatory to defendants?
Hernandez says USG has chosen 3 witnesses to make their cooperation agreement public.
She didn't name the third.
She didn't name the third.
Hernandez: Govt obligation is to do justice, not to win. I wouldn't do some of the things the govt is doing.
Also notes the sealed docs means they cannot share with clients w/o being present.
Also notes the sealed docs means they cannot share with clients w/o being present.
Hernandez argues that no American has been charged with seditious conspiracy that did not themselves embrace violence.
AUSA (didn't hear which one) notes that they provided Donohoe 302s right after he pled. Same with Bertino. 4 days each time.
AUSA: Audience for this is the court. If defense thinks court needs to see this in entirety, they can file under seal. Govt not preventing court from deciding any matter at issue.
Smith doubles down on his claim USG is making misleading claims undermined by transcripts. Suggests when they got this stuff in the past wasn't identified.
Kelly orders defendants to file stuff for Monday, including the sealed 302 excerpts, but under seal. Invites them to argue stuff is not highly sensitive.
Hernandez asks again to have them undesignated so she can share w/clients.
She tries to thank Kelly that he got defendants moved closer to DC--seems like Kelly tried to cut off her comment.
Marshals may not want that public.
She tries to thank Kelly that he got defendants moved closer to DC--seems like Kelly tried to cut off her comment.
Marshals may not want that public.
Smith fact-checks Kenerson, re: whether he called out Bertino's name in the discovery letter.
I think Smith misstated what Kenerson said. But still.
I think Smith misstated what Kenerson said. But still.
Meanwhile, Tarrio was supposed to be transferred to Alexandria, but they dropped him off at Rappahannock.
Rehl and Nordean were.
Rehl and Nordean were.
Tarrio's lawyer says that govt is telling defense counsel for the MPD cop whom Tarrio would always tell about their events that he's under investigation for obstruction.
"How can they be prosecuted for sedition if telling LE, threatening him w/arrest."
"How can they be prosecuted for sedition if telling LE, threatening him w/arrest."
I think this is Hassan -- he suggests that if they give witness lists to USG they'll send FBI to them and threaten them with arrest.
Hassan wants that cop immunized. He says he found no evidence the cop obstructed anything.
Sorry: That wasn't Hassan. It was Jauregui.
Nick Smith says that multiple witnesses who testify counter to the USG theory have been told they might be charged.
Nick Smith says that multiple witnesses who testify counter to the USG theory have been told they might be charged.
Smith describes a prosecutor interviewing a witness and then telling her she would be prosecuted.
Her counsel was not present.
Her counsel was not present.
Smith would like to put John Does on their list to prevent pressure from the govt.
Hernandez now raises how Kellye SoRelle got charged just as she was set to testify for trial.
"I wont accuse them specifically but it came up, govt called defense witness and said, you're exposed."
"I wont accuse them specifically but it came up, govt called defense witness and said, you're exposed."
Hernandez says that they don't have means to pressure witnesses.
That's inconsistent with what a WHOLE bunch of Proud Boys have said. But not unfair.
That's inconsistent with what a WHOLE bunch of Proud Boys have said. But not unfair.
Given what was said about Kellye SoRelle, I really don't think she'd be all that useful as a defense witness.
Kelly notes that Boasberg is the exception among judges for not requiring defense attorneys name witnesses.
Hernandez notes that he's also incoming Chief Judge.
Hernandez notes that he's also incoming Chief Judge.
Kenerson says these allegations are "categorically false." Notes they have not filed a motion about it. "There is nothing that's a reason to delay witness lists. To put gloss on LaMond, provided in August a number of materials wrt LaMond."
Kenerson notes that the defense have argued that Proud Boys were so notorious they could not get a fair trial in DC, which is inconsistent with DC people not knowing them.
Kenerson: If court is going to entertain allegations of misconduct should ask for a filing.
Smith: We're happy to submit sworn affidavits. We're happy to submit that agents called witness to tell her suggestion of charges were inflated.
Smith: We're happy to submit sworn affidavits. We're happy to submit that agents called witness to tell her suggestion of charges were inflated.
Jauregui says he just got an email this morning from LaMond, says it's the first they heard of obstruction. They did it yesterday. I won't be filing written motion today.
Kelly gives them until 12/3.
Kelly cuts off Hernandez' request for a list of all "tools" by saying to wait until after he rules.
Hernandez says, "You mean defense might win on its motions."
Someone breaks in, "Stop it Carmen."
Kelly notes defense have won some motions.
Hernandez says, "You mean defense might win on its motions."
Someone breaks in, "Stop it Carmen."
Kelly notes defense have won some motions.
The ruling in question is whether prosecutors can argue that Proud Boys used "normies" as their weapons that day. They said the morning of the attack that was their plan. But it doesn't fit into conspiracy precedents.
Sounds like Proud Boys are gonna win that one.
Sounds like Proud Boys are gonna win that one.
Back to Lamond, the WaPo reported that he was put on leave pending an investigation back in February. No one is surprised that DOJ is investigating his ties to the Proud Boys and he has a 5A issue.
washingtonpost.com/dc-md-va/2022/…
washingtonpost.com/dc-md-va/2022/…
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