Josh Gerstein Profile picture
Jan 10 11 tweets 2 min read
At DC federal court this morning...Still in jury selection for Pelosi desk-sitter Richard Barnett....Proud Boys trial jury is chosen but we're in a semi-hiatus as defense lawyers argue, again, for change of venue based on juror bias...also lawyer issues to work through
Carmen Hernandez, lawyer for Proud Boy Zachary Rehl: 'We're getting smacked with the media attention out of Jan.6 committee right as we’re starting trial...This case is a perfect storm of those prejudicial aspects.'
Hernandez: "I have never, never experienced the level of prejudice and ill-will toward a set of defendants....It’s completely out of whack with what we consider due process and fair trial rights...This is worse than anything I have ever experienced."
Hernandez also adds: "I am not a Kraken lawyer."
PB Joe Biggs' lawyer Daniel Hull about DC: 'There must be something in the water here that is new and different...These are dudes who talk like Mr. Rogers, Teletubbies or characters out of Fraggle Rock.' Says he's referring to 'presumably heterosexual white males.'
Prosecutor Erik Kenerson says the indications of bias defense cited were all from potential jurors that are not on the actual jury panel. He did say 1 juror mentioned thinking Proud Boys have 'some vague connection to white supremacy.'
Kenerson says another juror formerly worked on Hill for Republican members.
In light of SCOTUS ruling approving death penalty trial in Boston for Marathon bomber Dzhokhar Tsarnaev, defense argue to change venue remains uphill.
And indeed, Judge Timothy Kelly: 'I'm going to deny the motion.'
Kelly: 'Most of the publicity we’ve been talking about in this case has been of the national variety.' He says individual #Jan6 cases typically get more media attention in their home areas than in DC.
Kelly also says the recent #Jan6 committee meeting and report publicity said 'really nothing about' the Proud Boys. 'There were actually…very few potential jurors who indicated they felt so strong about the election that was something we had to probe.'
Hernandez rises after ruling to say prosecution argument was a bit diversionary because defense (which had a lot of peremptory challenges) used them to eliminate the 'worst' or most biased jurors.

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More from @joshgerstein

Jan 11
Proud Boys trial drama: defendant Joseph Biggs' lawyer Norm Pattis proposes 'simple & elegant' solution that he withdraw from case in part due to his bar suspension related to Alex Jones case. Patiis also cites 'irreconcilable differences' with co-counsel Dan Hull
Judge Kelly says he is inclined to let Pattis go but not until another conflict issue with Hull is resolved. Hull gets up calls what Pattis said a 'complete falsehood.' Judge cuts him off. Hull keeps talking. Judge: 'Mr. Hull, take your seat, sir!' Hearing recessed may return
Court back in Session. Prosecutor Jason McCullough says a defense attorney for Biggs, Dan Hull, did get confidential information from another Proud Boy who's now cooperating with government & pled guilty, Jeremy Bertino. Prosecutor: 'It is not a nothingburger issue.'
Read 8 tweets
Jan 9
A few thoughts on #SCOTUS this morning....1st oral arguments of 2023...The conservatives were vocal this morning and by conservatives I mean Justices Kagan and Sotomayor....(I published this look at Kagan during the holiday break politico.com/news/2022/12/3… )
The 1st case argued was both arcane and obscure. It's actually largely under seal. It's about whether attorney-client communications are privileged when there were mixed-purposes for the exchanges.
My somewhat tongue-in-cheek description of Kagan and Sotomayor as conservative is due to their arguing this morning that the unknown party pushing for a broader version of the privilege in connection with a tax investigation is looking to upset the apple cart...
Read 13 tweets
Dec 8, 2022
HAPPENING NOW: House hearing on #SCOTUS ethics concerns discussed here politi.co/3P9UMQk politi.co/3tHllmh
Chairman Nadler: 'The justices own reporting requirements are severely lacking...Supreme Court justices cannot self police their own ethics and we shouldn’t expect them to.'
GOP already softening up Schenck w large graphic quoting the former evangelical preacher on his own credibility: 'In my 64-plus-years, I’ve not only believed a fair number of consequential lies, I’ve promulgated them.'
Read 8 tweets
Nov 10, 2022
HAPPENING NOW: 11th Cir Judge Bill Pryor opens Federalist Society conference in DC by mocking @SenWhitehouse and poking fun at claims that Leonard Leo is at center of a dark money web Image
Not totally sure why @RuthMarcus has been left out but Pryor is still going
Read 17 tweets
Nov 3, 2022
HAPPENING NOW: Trump lawyers Alina Habba & Chris Kise, among others, just entered Manhattan courtroom for hearing on injunction NY AG Tish James is seeking that could cripple Trump's business empire. Earlier: politi.co/3T2Q5rV
Judge Engoron says he will rule 'possibly even today'
NYAG atty Kevin Wallace: 'Our goal in any of this is not to impact the day to day operation of the Trump Organization…this would be oversight…'
Read 20 tweets
Oct 6, 2022
HAPPENING NOW: Oathkeepers trial back underway. Judge Mehta rules that defense cross 'In my view certainly doesn’t open the door' to admission of an alleged targeting 'death list' kept by deft Caldwell & says it has 'nothing to do with alleged conspiracy'
Oathkeepers deft Tom Caldwell wrote in a Dec. 2020 email/'ops plan': 'We will be operating in an urban environment and this mission is more of a search and destroy mission but without the need for an overt military show of force.' Then discusses need for quick reaction force
QRF is a key issue in the trial: why weapons were stocked in Virginia on 1/6/21.
Read 8 tweets

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