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.'
Sounds like they need a substantive waiver from Biggs to proceed and some way to wall off Hull from questioning of Bertino or other cooperators. And Biggs' other lawyer is trying to drop out and may have no choice bit.ly/3GziW2T
Seems like all this was brought to fore by the #Jan6 committee transcripts released last month, illustrating why prosecutors and defense wanted that material earlier. Flashback to 7 months ago: politi.co/3O1EwQ2
Judge Kelly: 'Assume we're going to open tomorrow...' But goes on to list a bunch of issues that need to be worked out overnight... Back at 9am... Judge: 'We'll go as fast as we can.'
Judge Kelly also mentions incident with def atty Hull refusing to stop speaking. "That’s not going to happen again with any counsel in this case, everyone....You talk over me and contempt will be coming down the line." Threatens contempt again....
And we're adjourned for possible Proud Boy trial openings sometime tomorrow, pending attorneys reaching a resolution of conflict issues. May not complete them in 1 day. Follow @kyledcheney for that coverage tomorrow

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More from @joshgerstein

Jan 10
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."
Read 11 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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