Thread by @rparloff

This may be over-optimistic, but I'm going to treat this as Day 1 of the Proud Boys trial, and start the official live-tweeting now. You can also view this stream on Lawfare here: lawfareblog.com/proud-boys-liv… /1

Judge Kelly told the attys to be here at 9am and the jury to arrive at 9:30am. This will be the 3d seditious conspiracy trial to arise from J6, from the 2d seditious conspiracy indictment. The 9 Oath Keepers so charged were tried in 2 batches--one ongoing--.../2

simply because of logistics. (No courtroom big enough for all 9.) As you know, 2 OKs were convicted of that top charge in the first trial: E. Stewart Rhodes III and Kelly Meggs.
In this case 5 Proud Boys are charged in this 10-count indictment: bit.ly/3XgUaLA /3

The top 4 charges are the same as in the Oath Keepers case: (1) seditious conspiracy; (2) conspiracy to obstruct an official proceeding; (3) obstruction of an official proceeding [a substantive count, not conspiracy]; & (4) conspiracy to prevent by force fed officers ... /4

... from performing their duties. Each of the 1st 3 charges is punishable by a max. of 20 yrs; count 4 is punishable by max of 10 yrs. All 5 defendants are charged with those as well as with the next 4 charges, which include impeding fed police during a civil disorder ... /5

... ; two counts of destruction (or "depradation") of federal property (a metal fence barrier & the breaking of a Capitol bldg window); and 2 counts of assaulting fed law enforcement officers [LEO]. So, sorry, that's actually 5 additional counts. Count 10 is ... /6

... a "robbery" count against defendant Dominic Pezzola only. That relates to allegedly wresting a riot shield away from a police officer--the shield he allegedly later used to break out the first window of the Capitol bldg, just south of the Senate Wing Door. ... /7

... Even tho def Enrique (or Henry) Tarrio might be considered the top defendant--because he was chairman of the PBs on J6--the case caption is USA v. Ethan Nordean et al. Tarrio was arrested on J4 and ordered to leave DC on J5, so missed J6. So he was not ... /8

... charged in the earliest indictment (Mar 2021), and was only added to the case in Mar 2022. When Tarrio had to leave DC, the govt alleges that he delegated leadership to his top PB lieutenants, defs Ethan Nordean, Joe Biggs, and Zach Rehl. ... /9

... Nordean ("Rufio Panman") is from Auburn WA and was ~30 years old on J6. ... He's the one with the bullhorn below. ... /10

... Joe Biggs, of Ormand Beach, FL, was about 37 on J6. He's a former InfoWars employee. (One of his lawyers, Norm Pattis, rep'd Alex Jones in his recent defamation case in CT. Pattis was suspended from practice Thurs--an issue in this case.) Biggs is in checked coat below.

Zach Rehl is from Philadelphia, PA, and was 35 on J6. He's to the left of Nordean and circled in red below.

/12

The 5th defendant, Dominic Pezzola, was added to this case in March 2022, when he was moved over from a different indictment. He is pictured below, inside the Capitol on J6, in the leather jacket. Govt theorizes that his earpiece goes to a walkie-talkie style radio. /13

Pezzola's lawyers have said the earpiece just goes to a phone playing music. Pezzola allegedly broke out the first window of the Capitol, at 2:13pm on J6, with a stolen riot shield. He was also allegedly one of the first rioters to enter.
/14

Pezzola in court today has close-cropped hair and is clean-shaven. His face no longer triggers the Charles-Manson-like associations that it might have on J6.
/15

One of the original codefendants in this case was Charles Donohoe of Kenersville, NC, who was 33 on J6. He pleaded guilty in late 2021, before this became a seditious conspiracy case. He may be a govt witness. He's at right here helping Pezzola carry the stolen riot shield. /16

Judge Tim Kelly has just taken the bench. /17

Kelly addressing housekeeping matters. Changing mind from yesterday, Judge Kelly says that if def Biggs wants to retain an additional atty besides J. Dan Hull and Pattis (seemingly suspended for practice for moment), Kelly will entertain that motion.
/18

For now, Pattis will be allowed to sit inside the "bar" dividing the gallery from the counsel tables, but won't be allowed to sit *at* counsel table. Judge Kelly also won't identify him to jury as counsel. (Under rules, he might not even be able to act as paralegal.)
/19

Juror 13 called in with covid (!). So no one will be sitting in that seat today. (There are 4 alternates.)

/20

The judge is now addressing the potential conflicts involving atty Hull (for Biggs) and likely govt witness PB Jeremy Bertino. (As explained above, Bertino had interactions with Hull when Bertino reached out to Hull for representation in an interview by House Select Committee./21

Bertino has apparently agreed to let Hull represent Biggs but only so long as Hull does not end up cross-examining Bertino about the 3/8/22 search of his Bertino's home and all defs are precluded from cross-examining Bertino about what he said about Hull in his J6C interview. /22

Biggs is now approving this waiver. But atty Norm Pattis is now protesting that Pattis's exclusion (for now) from also rep'ing Biggs is depriving Biggs of his 6th Am right to counsel (notwithstanding that Pattis has been suspended from bar practice for now). /23

Judge is now going to bring in the jury.

/24

The judge is giving the jury some preliminary basic instructions. There were 16 selected, including 4 alternates, tho which ones are the alternates are is not public. The judge previously described the jury as 10 of 16 white and 7 of 16 men. Juror 13 has been excused ...
/25

... because of covid today. I'm not in the courtroom right now, but I think (& this might be wrong) she was a white woman.
Judge Kelly allows jurors to take notes, if they want. (Not all judges permit this.) The notebooks are being passed out now.
/26

Judge Kelly now going through the charges of the indictment with the jurors.

/27

Incidentally, the courtroom today is next door to, and the mirror-image of, the courtroom in which the top Oath Keepers were tried. These are called "ceremonial courtrooms"--the largest in the courthouse. In this courtroom the jury box is on the far right of the room ...
/28

as viewed from the spectator's perspective, and the 5 defendants sit along the far left wall (not coincidentally as far from the jurors as possible). The prosecutor's table, as usual, is closer to the jury box than the 2 defense tables. All 5 defs are in custody ...
/29

... tho the jurors are not told this and, hopefully, don't know that. They are all dressed in civilian clothes. Enrique Tarrio is bald, with a very short-cropped beard. Rehl looks quite young, also clean-shaven. Nordean has a short brown beard and wears glasses. ...

/30

Pezzola, as previously noted, is completely clean shaven today, with a very short hair. Biggs has salt-and-pepper hair (mainly salt) and a white goatee. (Biggs does not look as heavy as he looked on J6, tho he may have been wearing some sort of body armor on J6; not sure.)
/31

Judge Kelly continuing preliminary jury instructions.

/32

Instructions are completed, and jury now being given short break.

/33

Judge Kelly now taking a 10-min break. Then AUSA Jason McCullough will deliver the govt's opening.

/34

I stand corrected. This is not a "ceremonial courtroom" (nor was the one next door where the OKs were tried) and it's not the biggest in the courthouse. h/t to about a dozen colleagues here in the media room.
/35

Judge Kelly back on the bench.
/36

Jury being brought in.

/37

AUSA Jason McCullough delivers govt's opening:
every 4 yrs our nation holds an election to determine next president of u.s. ... thru course of american's history our citizens have witness peaceful transfer of power ....

/38

on J6 these men -- tarrio, nordean, rehl, biggs, pezzola--sought to change that history. ... called for action, for war. their favorite candidate was not reelected. ... did not stand back, did not stand by. they mobilized. /39

led by tarrio they joined and agreed to use any means nec including force to stop congress from cerrtifying election for biden. took aim at heart of our democracy. /49

Nordean, Rehl, Biggs led march to capitol with about 200 PBs. (shows video clip.) part of first wave of surge onto capitol grounds. once there, fanned out, standing opposite line of officers. moved forward till they entered bldg. because they'd agreed [to do that] /50

at 2:14pm dominic pezzola using a stolen riot shield busted out 2 windows of capitol. biggs, pezzola and others poured inside. withiin minutes congress forced to stop proceeding. transfer of power from trump to biden was stopped by these defs. /51

and they celebrated.
at 2:41 pm tarrio sent private encrypted message to other members. told them "make no mistake ... we did this." his words. his thoughts, minutes after congress forced to stop its work. they did what they set out to do. /52

zach rehl entered bldg, celebrated with other men. (photos from inside capitol.)
rehl posted message J7: i'm proud as fuck at what we accomplished.
pezzola: filmed self inside bldg: i knew we could take this m-fucker over if we just tried. /53

biggs filmed nordean on lawn of capitol during attack. biggs said: "we just stormed the f'ing capitol." "J6 will be day that lives in infamy."
these defs believed it was their mission to use force to keep donald trump in office. mission threatened foundations of our govt.
/54

members of group known as PB. founded in 2016. under direction of Tarrio org became more visible and more active.
in months leading up to election, PBs showed up at demonstrations in large numbers dressed in their colors of black &yellow. /55

during presidential debate biden challenged trump to condemn PBs. trump told PBs to "stand back and stand by." [playing video] "somebody needs to do something about Antifa." battlelines drawn. trump for PBs. Biden for Antifa. PB org not on trial today. ...
/56

but youre going to hear the PBs slogans throughout this trial. this case is about these PBs. how they used their status in org to bring about the crime that happened on J6. leader of conspiracy is Enrique Tarrio. ... chairman of PBs. lives in Miami FL. refers to himself as

/57

Noble Lead. in days leading up to J6 Tarrio created new chapter in PBs: Ministry of Self Defense. it had a hierarchy. Tarrio was leader. That term MOSD was effort to manipulate public perception. master of putting self and men in best possible light.
/58

leaders on ground on J6 were 3 of his most trusted men: Nordean, Biggs, and Rehl. Ethan Nordean is from Wash state. Refers to self as Rufio Panman or just Rufio. Tarrio chose Nordean to help him lead this new chapter.
/59

Biggs is PB from Orlando. former Army sgt. prepared him to organize. he rounded out senior leadership of new chapter.
Zach Rehl is PB from Philadelphia. His screen name is Captain Trump. organized men and equipment as they prepared to return on J6.

/60

you'll hear about other leaders to lead this new chapter. Co-conspirators. some were at Capitol on J6; others not present. but gave guidance & direction.
John Stewart is PB from Harrisburg PA: Johnny Blackbeard. he was operational leader. not present on J6.

/61

Jeremy Bertino--PB from Carolinas. known as Noblebeard. regional leader. On J6 he encouraged men to keep pushing.
Charles Donohoe--PB from NC. Yut Yut Cowabunga. former Marine. on ground on J6. anctions on ground helped bring about group's success.
/62

these were the leaders of the attack on the Capitol.
these leaders recruited other men to help them achieve their goal. Dominic Pezzola is one such recruit. PB from upstate NY. referred to as Spaz or Spazzo. former Marine. treated PBs like military.

/63

recruited into Tarrio's special chapter. ... tho new to PBs, considered rising star in PBs.
on 12/31 Tarrio featured Pezzola in public social media post: featured him in post called "Lords of War. #J6 #J20
these lords of war joined together to stop transfer of pres. power

/64

on J6 all 5 jointed agreement to use all means necessary including force to stop congress from certifying the election. conspiracy is just an agreement. ... reach common understanding. someone may come along later and join that agreement. can include people you don't know well/65

doesn't matter if you were at Capitol on J6. crime is in agreeing.
by end of day J6 these 5 defs had agreed to use force to stop congress from transferring power from trump to biden. transfer of power stems from Nov 3 election. Nov 4 Biggs posted video: probably going to
/66

have a civil war.
next day: "time for f'ing war if they steal this shit."
Nov 7: most major outlets called election for Biden
Nov 14: trump held election-related rally in DC. Tarrio travelled to rally. posted picture of self captioned: "Can of whoopass is in route to DC" /67

Biggs not present but promoted the activities:
"Just spoke with [tarrio] ... PBs had hell of day ... whipped commie ass, emerged victorious."
Nordean: PBs kiilled it today. Anitfa and BLM got tossed all over the place. need to run these scumbags out of our cities POYB.

/68

POYB means Proud of your boy.
Rehl: posted edited video featuring scenes of violence. [playing now: against rock music, shows Sidney Powell; Alex Jones screaming; scenee of violence in street plus "fuck Antifa."]
despite protests in DC all signs continued to point to ...

/69

forcing trump out of office.
Nov 16: Tarrio: if biden steals this election the PBs will be political prisoners. we won't go quietly. i promise.
these people saw world separated into 2 camps. those against them were enemies, traitors.
11/17: Nordean: spirit of 1776 has ...

/70

resurfaced ... good luck to all the traitors ... you're gonna need it.
Rehl: "hopefully the firing squads are for the traitors trying to steal this election fromt he american people."
second rally scheduled for dec 2020. all defs present.
Pezzola had joined PBs in Nov.
/71

during Dec 2020 rally, Pezzola positioned himself for leadership. in front of crowd with Tarrio and Rehl. [shows photos].
events of 12/12 rally provide critical context for these defs return to DC on J6. it explains their motivation. 2 events in particular.

/72

night of 12/12, during altercation, 4 members of PBs stabbed. one was Jeremy Bertino. one of leaders of MOSD. Tarrio, Nordean and Biggs used this as rallying cry. they said DC police had let the stabber go. law enforcement in DC had sided against PBs. also that night ...

/73

group of PBs participated in act of vandalism. Tarrio joined men after they'd taken down a ssign and they lit that sign on fire. [showing video.] [Judge Kelly forbid prosecutors from saying its a BLM flag.] Tarrio learned this act was under investigation by law enforcement.
/74

that enraged these defs. proof that Law enforcement had prepared itself for incoming biden administration. only one final step remained in certification: J6. every 4 yrs we vote for president on election night, we watch results. but media does not decide election.

/75

congress does. and by law votes are not certified till Congress says so. required under Constitution of the US. our laws are more specific than that. congress must meet on J6 at 1pm. until congress acts, election not final. these defs took aim at that process. prepared

/76

a fighting force to stop that process. on 12/19 at 1:42am, Donald Trump announced new rally: "big protest in DC on J6. Be there, will be wild!"
for Tarrio, time for standing back and standing by over.
few hrs later:
Biggs to Tarrio: Let's get radical and get real men.
/77

Next day Enrique Tarriom created Ministry of Self Defense leaders: Nordean, Rehl, Biggs, Bertino ...
Tarrio messages other PBs: "Whispers ... 1776"
Tarrio did not create MOSD to unleash "whupass." purpose was clear: stop congress form certifying election for biden.

/79

1/1/21 Tarrio: "Let's bring in New year with one word in mind: revolt"
Biggs on 1/2: every law makers who breaks their own stupid f'ing laws should be dragged out of office and hung."
Noredean on 12/31 in podcast: you have to use of force ... this is organized militia part of
/80

our constitution."
send out application to recruits. seeks to ensure adherence to code: 1. "total secrecy."
2. adherence to leadership. ... will always act in self-defense. never initiate violence.
often said: "fit in or fuck off."
encrypted message channels created.
/81

recruits specifically discuss storming Capitol. these discussions were never discouraged.
J4: "waht would they do if 1mm patriots stormed & took capitol shoot into crowd?"
John Stewart: "they would do nothing because they can do nothing."

/82

Jan 3: Leaders discuss operational plan for J6.
operational leader John Stewart: [theater of operations should be outside Capitol]
J4: Tarrio: "I didn't hear this voice note till now. you want to storm the capitol."
when Tarrio arrives in DC J4, he is arrested for sign
/83

burning. other defs become [frantic over fact Tarrio's phone would be seized compromising their messages.]
Tarrio released from jail on J5 and ordered out of DC. kept him out of DC. but he regained contact with other leaders. co-conspiorator Bertino: enrique is going to ...

/84

get burner phone and take the reigns back.:"
[and that's what happened.]
they were coming back to DC to stop congress from certifying.
9pm on J4: Biggs: just had meeting with lot of guys. ... just spoke to Enrique. Rufio is in charge. cops are the primary threat. ...

/85

don't get caught by them or BLM.
leaders on ground directed other men to meet at Wash Mon on J6 at 10:00am. don't wear your colors. come dressed as a patriot.
VM from Nordean: "we're marching to the Capitol."
after 7am J6 leaders exchange messages, express hope "normies" ..
/86

will take the city back.
"fuck it. let them [the normies] loose.]
the met just east of Wash. Monument, across from Ellipse. but no intention to listen to trump's speech. at 10:30am they set off for Capitol.
On ground Nordean, Rehl, Biggs use megaphones. on mall Biggs ...

/87

prepares the men for conflict. [audio played but unintelligible to me]
pass west front of capitol at 11:20 am. sole officer stands watch in front of barrier.
later they'll come back to this exact spot.
the march to other side of capitol--east side. people marching let ...

/88

slip what they were doing to do.
one says: Ethan, let's fucking do it.
Ethan: what?
Man: check out the capitol. ...
few minutes later
"Let's take the fucking capitol."
"hey man, let's not yell that."
/89

arrive back on west side of Capitol at 12:10pm. They keep men in place about 2 blocks from capitol and wait there for about 30 min. then Nordean mustered the men. (Trump still speaking.)
Nordean: alright everybody: we re gonna go back to this roundabout over here.

/90

they arrive at roundabout at 12:50pm, 10 minutes before joint session start.
Biggs w bullhorn: "whose capitol? our capitol."
they and crowd surge forward. Rehl films self moving toward police line, calling out "fuck them, storm the capitol."
[Now playing earlier video of ...
/91

Biggs explaining how he would do this, but audio unintelligible to me.]
now showing video of crowd overtaking that 1st barricade. Pezzola charges forward. just behind are Nordean and Biggs.
encrypted MOSD messages light up.
"storming the capitol."

/92

Bertino took screen capture so he could share it with someone else.
12:56pm Donohoe: "oops, looks like we stormed the capitol."
few minutes later Donohoe films moment when Nordean & Biggs (?) ripped down thick metal fence, unleashing crowd on the capitol.

/93

Bertino (from off site) tells them: "fucking do it, man. fucking do it. let's go."
Bertino posted to "boots on ground" group: "storming the capitol right now." "get there!"
you'll hear testimony from audio of officers on ground that day. crowd pours in front of capitol

/94

Just to right, violent attack unfolds. Pezzola is there. he joins in violence. rips away an officer's violent shield, stripping him of the defense he desperately needed. (showing video; pezzola circled in green). Rehl is not far away, phone up.

/95

after stealing shield, Donohoe links up with Pezzola. Donohoe posts: "Got a riot shield!" sends picture of pezzola with shield.
in contrast to chaos outside bldg, joint session of congress underway. Pence describing work they're about to do--count votes .... [video]

/96

for pres and VP.
These defs were there to stop it.
outside additional law enforcement (LE) had arrived. had managed to push crowd back some. [showing photo at 1:29pm. shows crowd and line of police at west plaza. circles the 4 defs in various spots.]

/97

Now showing video of Rehl, Biggs and other PBs celebrating their success to that point. "we just stormed the fucking capitol. took the motherf-ing place back. ... we're at a standstill.cops are dropping concussion bombs and pepper spraying and people are spraying back...

/98

even if you didn't know anything about htese mens, could look at actions and words that day, could conclude they'd formed an agreement. consistent use of phrase "storm the capitol," their celebration, their coordination. ...

/99

but there's more.
1:39pm ... messages exchanged that "normies" had stopped pushing.
1:49pm ... Pezzola, biggs, nordean, stewart move forward ... gathers at bases of concrete set of steps leading up to capitol from under scaffolding. in front is "Milkshake"--same man who'd

/100

earlier yelled, "let's take the fucking capitol." [play video showing Milkshake lead push that overtakes that line of police in front of those stairs. Pezzola right there.]
Police audio: "They're coming up the stairs."
Pezzola: you'd better be fucking scared. we ain't stopping.

The defs climb stairs. Biggs waves to crowd and points at stairs they'd just climbed.
2:13pm: Pezzola uses riot shield to bust out 2 windows to right of Senate Wing Door. 1st point of access to bldg. within minutes secret service scramble to evacuate VP Pence. ...

/102

proceedings stop. defs had succeeded. ... biggs enters, travels thru capitol, exits east side. ethan nordean and rehl were on upper west terrace. pezzola inside bldg where he recorded a "victory smoke". [video showing hiim smoking cigar inside capitol. "proud of your boy."

/103

like you might see a sports team celebrate a big win in state of euphoria. that's state you see these defs in.
from location outside DC Tarrio was monitoring.
2:38pm Tarrio publicly encouraged those on ground to stay: "dont' fucking leave." "proud of My Boys and my country."/104

2:40pm in private message: Tarrio: Make no mistake ... We did this.
private conversation with Bertino:
2:39pm Bertino: Brother, you know we made this happen ...
2:40pm Tarrio: I know.
Bertino: 1776 motherfucker.
Tarrio: The Winter Palace.
the winter palace had a ...

/105

specific meaning. the storming of govt buildings during russian revolution. it meant revolution.
Bertino: did we just influence history?
Tarrio: let's see how this plays out.
Bertino: they have to certify today or it's invalid.

/106

Biggs a few days after in video: J6th was a warning shot to the govt. look we started the country this way and we'll fucking save it this way.
Nordean entered Capitol. took victory lap around Rotunda. ... message on J23: i was part of fucking storming the capitol ...

/107

you're gonna lecture me on what's important right now? shut the fuck up. [video]
Rehl on J7: "I'm proud as fuck at what we accomplished yesterday." "we lost our country, we shoulda held the capital [sic]."
Tarrio referencing his arrest & inability to ber there on J6 ...

/108

"God didn't put me there for a reason,. We would still be there."
posted to recruits: "Proud of y'all."
they were part of every critical breach.
we're going to begin evidence with introduction to capitol itself. layout and critical breaches.
then return to present

/109

evidence roughly chronologically. have to jump around a little. but have tried to organize so you'll understand how conspiracy formed and [how played out.] ...
govt has charged these defs with 3 violations of US conspiracy laws.
one agreement violates 3 consp laws.

/110

a traffic violation works same way. if a car blasts thru intersection: speeding, running red light, reckless driving, driving wrong way on 1-way street. one act, multiple violations.
this works same way.
1st law: seditious conspiracy. break it in 2 ways.

/111

1. illegal to oppose by force the authority of US
2. to use force to prevent execution any law of the US.

next: consp to obstruct official proceeding. congress's joint session.
3d: conspiracy to impede officers of US. agreement to prevent LEO or members of congress ...

/112

from fulfilling their duties or into leaving the place where they perform their duties.
sev other crimes as well.
either acting for themselves or thru a co-conspirator:
obstruction of official proceeding.
interfering with LE during civil disoreder.
destruction of property.
/113

Nordean and Biggs ripped down fixed metal fence. Pezzola broke 2 windows.
finally, assaults on law enforcement (LE). Hurling water bottles at officers (by Charles Donohoe).
Pezzola also charged with robbery (of riot shield).
/114

once you've heard all the evidence my colleague will stand before you and ask you to return the one verdict consistent with this evidence: ... guilty of all charges.

/115

Judge Kelly going to excuse jury for lunch. Tells them to be back in about an hour.

/116

Carmen Hernandez (for Rehl) is now moving for mistrial. says opening statement was inflammatory, misleading ... slides taken out of context ... video showed black woman on ground. doesn't show she was wielding a knife. the Parler post about "firing squads" was in ...

/117

reference to AG's comments on death penalty. ... etc. [She raised all these objections before the opening and Judge Kelly rejected them]
Kelly denies the motion. Says the video she is complaining about was a video that her own client posted. Break till 2pm.

/118

Judge Kelly is back on the bench after the lunch break.

/119

He has 3 issues.
Wants attys to tell witnesses that if they're not allowed in courtroom, they're also not allowed in overflow courtrooms.
Now he and Carmen Hernandez (for Rehl) are arguing about what she can say about the extent to which Rehl's statements are ...
/120

protected by the 1st Amendment.

/121

Jury now coming in.

/122

Atty Nick Smith now delivering opening for def Ethan Nordean.
events of J6 were a disgrace. embarrassment to country. historic embarrassment. ... as everyone knows a mob descended on the assembly. crass spectacle before the world. attacks on LE are never acceptable

/123

attacks on officers outnumbered is worse than unacceptable. it's foul. prosecutors will show video after video to underline that point. many will not involve these defs. some evidence will make your stomach turn. sure my friend here is right that something went very wrong

/124

that day. You'll here witnesses here about who was responsible for all of this. who was prime mover. who whipped them up at his rally and urged them on J6. you will not here from a single def who says he was proud of what you just saw. so why are you here?

/125

like thousands of other protesters that day, Nordean walked inside capitol, walked around rthat day, had no weapons, accosted no members of congress, went in no one's office, assaulted no LEOs. govt alleges a plot. a complicated long-running plot.
/126

govt alleges Nordean participated in plot that foresaw mob descending on capitol. plot that must have known in advance that capitol would not be adequately defended that way. that planned in advance to use force yet without weapons. plot to use force w/o weapons.

/127

plot whose plotters did not even seem to know of the existence of federal law governing the certification of the electoral vote. ... you'll hear govt's burden to prove its allegations beyond reasonable doubt. you'll see *no* evidence that supports govt's consp claim ...

/128

that defs plotted in advance for what you saw. ... you'll see "impeachment evidence" in this case showing that over and over and over and over the govt has been told be witnesses: there was no plan for j6. even the govt's own cooperating witnesses have said that.
/129

govt has been told this for over a year by many of teh people it has interviewed.
like to raise 2 general ideas -- think of them as pair of glasses for looking thru all the evidence.
1. detachment. you should act act like doctors in this case. you'll see lots ...

/130

of evidence that angers you. but jurors role, like doctor's, is to set that aside and make something like a scientific diagnosis: whether elements of each crime proven.
2. complex phenomena and group behavior. what happened on J6 involved lots & lots of people.
/131

thousands of people and 1000s of interactions.
often assume spectacular event like a riot or a revolution in another country must have a cause as big as the event. only human to assume something [big must have caused this. but this is not necessarily true.]

/132

think about storms. you often hear phrase "butterfly flapping wings in mexico can cause tornado in TX."
we sometimes resist conclusion that a riot is a riot. we reach for idea of a scapegoat. we want to place blame on someone for sin of entire community. it's as old as ...

/133

... the bible.
[try to] think very clearly about what's being alleged here. govt will present evidence that at time 1 defs talked about stolen election. at time 2 a riot occurred. govt says: see, those comments caused the riot. after this, therefore because of this.

/134

that's a logic flaw. after this does not mean because of this. rooster crows, then sun rises. but rooster's crowing does not cause the sun rise.
could such a dramatic event really have such an undramatic explanation? like crowd psychology? Govt says no. but you must resist
/135

efforts to have you render judgments based on logical [flaws].
govt alleging that Ethan Nordean conspired to commit seditia. you'll see Nordean broke nothing in capitol, assaulted no one, had no weapons, invaded no one's office.
you might say, wait a minute. ...

136

you've seen protests before. seen people stand up in congessional committees and shot in protest. nothing like this. but a difference in degree.
key element [for seditious conspiracy] govt alleges here is "force."
compare 3 conspiracies to ice cream cone with 3 scoops.

/137

[showing slide of ice cream cone with 3 flavors of scoops]
govt alleging agreement to use force, intimidation, threats to stop vote count against capitol.
what's govt's evidence of conspiracy.
1. cooperating witnesses.
2. Telegram chats & text messages

/138

govt focuses mainly on telegram messages.
3. videos of J6 events.
4. social media posts.
so let's look at cooperating witnesses. people who agreed to work with govt. supposed to know Nordean & others. you saw some of them in opening slides.

/139

one was Jeremy Bertino.
you will hear some impeachment evidence.
he said some of most inflammatory things on J6.
but Bertino has told govt: as far as planning it to be there, i dont think that was a case. dont think there was a specific direction to go to the capitol.

/140

Bertino: i dont remember anyone telling me hey, we're going to the capitol
Bertino: everything that was supposed to happen that day was a peaceful protest.
you'll hear that MOSD (ministry of self defense): Bertino said " it was supposed to be small group who agreed ...

/141

... *not* to do anything illegal.
they went to DC to "protest and do the other things they've usually done."

another govt witness: Charles Donohoe
on whole march from Wash Monument to Capitol.
[again, this is for "impeachment"]
Donohoe {playing audio]: this stuff they're...
/142

accusing me of--the conspiracy--is not true."
Donohoe told govt: on morning of J6 no one knew the plan.
told govt: prior to J6 he knew of no plan.
another govt witness: John Stewart (Blackbeard)
a PB, member of MOSD.
he told govt: "we did not ever preplan any attack or

/143

breach of the capitol bldg."
"it was just a protest. that's what it was supposed to be. just a protest."
You'll hear STewart told govt: when i was watching it happen live, it looked like it was a couple of guys right up front that started it. literally like a freaking

/144

flake of snow that started an avalanche."
another PB witness Isaiah Giddings.
and another PB witness
Matthew Greene: not aware of any plan except to meet at Wash. Monument that day.
what about Telegram messages?
govt searched all defs' computers. read all their chats.

/145

not a single text is about storming capitol or turning over barricades.
govt's theory is they conspired in Telegram, exchanged 1000s of comms, but won't see the thing they conspired to do in messages.
you saw some texts from people who are not defendants who mentioned ...
/146

storming the capitol. but they are not defs in this case.
govt will present PBs as something akin to the Mob. you heard my friend say PBs as org are not on trial, yet you'll hear him day after day talking about how PB org works. dont take the bait.

/147

here's more impeachment material
12/26/20 Tarrio: "these national rallies, i think you should be hand-selected ... we should have a self-defense posture at all times."
"trying to find solution for this problem. getting guys showing up super aggro [aggressive] ... "--

/148

Judge Kelly interrupts and asks counsel to pick up sidebar phones.

/149

Smith resumes:
we were talking about some videos jury might see before J6. now direct your attention to video filmed on J6. this one is from march from Wash Monument to Capitol. [showing image:] see Nordean wearing backward baseball cap. holding drink. ...

/150

you'll see def indicate the plan is to go to capitol, make a presence, then go back to the rally. [the ellipse speech and rally at opposite end of mall] you're going to see video of people filming the defs during entire march. when we think about conspiracy--think of

/151

smoke-filled room. but here conspirators allowed themselves to be filmed. defs are saying please, film us during entire course of this seditious conspiracy--that's the govt's conspiracy.
you'll see people approach and say, 'are we going inside capitol,' and defendants say

/152

'no, no.' you'll see evidence plan was to go back to the rally.
you'll see video of Nordean grabbing shoulder of someone wearing blue-flagged shirt. he was stopping this individual from pushing and shoving a police officer.
you saw a few videos where one def ...

/153

smashes a window. ... you'll see Nordean walked into the building without any trouble between 2 police officers who stand aside. ... i want to shut down idea that it's appropriate to enter--i'm not saying that. you will not hear from defs that it was appropriate. but you

/154

will not see evidence that Mr. Nordean used *force* to enter building that day. ... no images of Norean breaking anything. assaulting anyone. you'll see def entered bldg, stood around, then walked out. i'm not saying this was appropriate. question is: is this consistent ..
/155

with plan to use *force*?
now showing photo of one of most significant moments. at peace circle just before protesters break through first barrier at 12:50pm.
some witnesses may call this the big bang moment.
this image shows Nordean holding up his hand in a fist.

/156

he's trying to get the people he's with *to stop.* *To stop.* you'll see a couple other images of this. govt telling you there was a plan to forcibly stop congress from doing its work. Nordean's stopping [rioters] here.
govt emphasized this phrase "storming the capitol."
/157

you'll see evidence that 100s if not 1000s of people have used this phrase in and around J6. does it show a plan to enter blldg? one person using the phrase was a paraplegic whom defs were helping carry his wheelchair around the capitol grounds.

/158

defendants have no burden. often defs present no case. but Mr. Nordean will present a case. ... witness after witness will say did not see Nordean planning to storm capito; or planning to stop congress from doing jobs; or planning to interfere with LEOs. you'll hear

/159

witnesses who were present at Big Bang moment tell you they were there, and PBs didn't instigate it. it was others.
We'll put on defense witnesses who were govt informants.
[Another sidebar phone conference]

/160

at no point will Mr. Nordean suggest that anyone from govt instigated J6. that's a repellant suggestion. but there was a category of participant who had an informant relationship with govt. some were marching to the Capitol. some were in the telegram groups.

/161

they'll say: not aware of any plan to storm. march was for TV. PBs group directed them to stay away from LEO, not to interfrere with them.
[now showing image]: one informant present at Big Bang Moment. video evidence shows him there as eye witness.
showing text informant ...
/162

sent to govt agent in real time: "PB did not do it nor inspire. crowd did it. herd mentality. not organized. ... barriers were down at capitol building, crowd surged forward, almost to the building now."
One defense witness was in a rock group called the Misfits.

/163

he'll testify that plan was for Nordean to go back to Airbnb and listen to music by this band at 3pm or 4pm that afternoon.
think about that.
govt saying there was far-reaching preplanned plot. but witness will say: plan was to go listen to music at Airbnb afternoon of J6./164

you'll hear witnesses say MOSD was designed to *prevent* violence. to keep protest within bounds of legality. opposite of what govt is alleging.
you'll hear that from witness after witness. not about using force; about the opposite.

/165

Telegram messages were not deleted after Tarrio's arrest to "scrub" them because consciousness of having committed a crime. They were deleted because some people thought there were informants in the group--and they were right.

/166

Some of these Telegram chat groups had more than 60 participants. people don't use given names; use "handles." so don't know exactly who you're talking to. So individuals who make inflammatory comment is not evidence that these defendants [felt that way.]
additional charges:
/167

most important is "obstruction of an official proceeding." (substantive count; not as a conspiracy.) with respect to Nordean, he had no intent to obstruct impede or influence members of congress. didn't act with corrupt intent. he entered capitol to find his friends.

/168

Destruction of property charges.
One is smashing window. you won't see Nordean smashing window. Mr. Nordean has never had a conversation with the def who smashed that window allegedly. you'll see no evidence that Nordean conspired with that defendant.

/169

other destruction of property charges:
damage to a black fence. we're not conceding Nordean did that. but you will not see credible evidence that the fence govt talking about cost more than $1000--the threshold before that charge becomes a felony.

/170

So you won't see evidence of a conspiracy. Does that mean what happened that day is acceptable? No, it's a disgrace. but whole case is a conspiracy case. the question is a plan in advance. will evidence show that protest turned into riot? or a plot that knew all ...

/171

these pieces would fall into place in advance. ... It's all a logic flaw.
Two sides to everywhere story. ... govt's case will have holes. and we won't have opportunity till cross-examination to show what those holes are. It will be contradicted. Not saying may. It will.

/172

Thank you for hearing us. confident you will not find any charges against Nordean proven beyond reasonable doubt.
Judge Kelly calling 5 minute break.

/173

Judge Kelly back on bench.

/174

Jury coming in. (Apparently Def Biggs is going to "reserve" his opening, which means he'll wait till the defense case to deliver one.) Next opening will be by Sabino Jauregui for Enrique Tarrio.
/175

Atty Sabino Jauregui for Enrique (or Henry) Tarrio:
Scapegoat is a word you're goign to be hearing throughout the entire trial. Mr. Smith is right: old testament, leviticus 16 (?). Israelites would take one goat for blood sacrifice. other a scapegoat. ...

/176

israelites would confess sins to goat, touch goat, cast out that goat to wilderness.
modern definition: person blamed for wrongdoing of otheres. definitely have a scapegoat in this case. can you stand Enrique? this is Enrique Henry Tarrio. we have honor of defending him

/177

against the entire federal govt.
when govt comes after you they leave no stone unturned.
my client not at Capitol on J6.
zero communication with people at Capitol on J6.
nowhere close to Capitol on J6.
not going to show you any evidence to that affect.

/178

we can all agree waht happened on J6 was horrible. disaster. tragic. we're in agreement. nobody thinks what happened, upon reflection, was right.
question is my client, Enrique, responsible for what happened on J6.

/179

the most discovery, data, in history of criminal cases in US. no stone unturned. yet found no evidence that enrique planned orchestrated incited--did anything for that riot to occur. what govt has done ... look at evidence intently. ask yourself. are they showing me

/180

everyrthing?

govt just stitching one Telegram message here, one parler post here, trying to form a little picture of a conspiracy that does not exist.
when they show you a message, ask yourself, what was message that came before? they can be deceiving

/181

Enrique is scapegoat. he made it a little easy. not going to lie. Enrique wrote and said a lot of things ... offensive things. that's how he made it easy. proud boys are basically a drinking club. not a racist, sexist, homophobic org. simply not true.

/182

they allow every member of every race, sexual preferen ce, ideology, into org. one flag in PB was gay pride flag. there are black members, rabbis, gay members. all-incusive member share an ideology: think western civilization. western chauvinists. they think America's best.
/183

not a sexual thing. believe in free speech. hate political correctness. when the speak they try to offend each other. is that evidence of a crime? it's not. not illegal. govt's going to try to stitch all these offensive comments together so you hate him. so feelings overcome
/184

the evidence. we need you to think analytically.
enrique was chairman of PBs. very public face. on every photo. hat, vest, sunglasses. talking head on every video. that's why he's in this case. the scapegoat. if govt takes down enrique, takes down whole PB org.

/185

that's why they added him to this case. they know he wasn't there. purpose to have him here is optics. show business. they told you he was a master of manipulating the media. to certain extent that's true. he played for the media. he'd bring his people, have them

/186

put on their costumes. great for fund-raising. great for getting more members. but he'd actually march them away from Antifa. he didn 't want fights. he wanted razzle dazzle for the media. help fundraisaing, help get more members.
/187

now there does come a point where there's a scuffle. enrique gets stabbed. bertino gets stabbed. ... based on that enrique says we can't have that happen again. creates Ministry of Self Defense. other PBs always making fun of Enrique because he doesn't want to fight.

/188

they used to make fun of him by calling him Minister of Self Defense.
enrique after seeing problems that happened with stabbing, enrique said i got to take control of this thing. so he creates this MOSD. creates application, have to agree by its terms. i'm going ...

/189

to read you the form.
... do you agree not to use drugs or alchol during events?
... do you agree to full cooperation of leadreship for safety ...
agree to always act in self-defense. never initiate [violence]
... point was try to eliminate these confrontations

/190

with Antifa.
there were other PBs that did not like Enrique's [attitude]. there were factions that wanted to fight Antifa. ... Enrique before doing any rally would always call local LE. Hey, i'm coming over to DC. going to go this place, march, ahve rally. had point of

/191

contact: Shane Lamond. head of intelligence for [MPD]. ... had him on speed-dial. most of time they marched they had a police escort.
were there some fights? sure. every attacked by antifa? sure. but that's not what enrique wanted.
going to hear about Telegram messages,

/192

which is like WhatsApp. going to see Parler posts, which is like Facebook. not going to see any messages from Enrique planning storming the capitol.
you saw that message of guy advocating storming capitol. we dont even know who wrote it.
no look at post where Enrique

/193

says "We did this," he was actually replaying to post on Parler. Someone had said, Antifa stormed the capitol. He was replying in saying "we did this"--not PBs, but Trump supporters overall. not antifa. he wasn't celebrating what happened.
unfortunately he was
/194

celebrating at that time becauase Trump told American people that election was stolen. it was trump who's speech unleashed the crowd that caused riot. he's the one that told them march over to capitol and fight like hell. enrique didn't say anything to anybody.

/195

but he happens to be the leader of the PBs.
let me give examples of how govt tries to stitch together evidence to make him scapegoat.
govt told you John Stewart slide Johnny Blackbeard. played voice note: "theater of operations shoud be in front of Capitol."
then you hear

/196

Enrique saying: "just hearing this note now. you want to storm the capitol?" Enrique didn't respond till 12 hrs later--7:36am. had just woken up. groggy. wait, you want to storm the capitol?
govt makes it seem like it was one right after another.
another slide:

/197

boots on the ground chat:
Enrique's was photo on their slide. but he wasn't even in that chat. didn't participate in that chat.
govt has to blame someone for attack. what easier target than Enrique. too hard to blame politicians on left and right. ones who use us

/198

to hard to blame Trump with his army of lawyers.
too hard to blame FBI, even tho they had embedded informants within PBs telling them their every move. those informants told them there was no plan. can't blame secret service. can't blame leadership of MPD

/199

let me make this clear. not cops on the crowd--they fought valiantly. but leadership were responsible. ... instead go for easy target. Enrique Tarrio. evidence going to show, and i hate to say this, that it's too difficult to blame each other as americans.

/200

easier to blame Enrique as face of PBs.
don't let govt do it.
challenge them. dare them to show you all the evidence in the case. not just evidence they cherrypicked. ...
hold them to their heavy burden to prove case beyond and to exclusion of every reasonable doubt.

/201

no plan to storm capitol, to use force to stop official proceeding, to impede law enforcement.
"Injustice anywhere is a threat to justice everywhere. ..." that was dr. martin luther king from his AL jail cell. want you to think about those words & reflect upon them.

/202

only one fair and just verdict for Enrique Tarrio and that is not guilty.

/203

Now atty Roger Roots for def Dominic Pezzola.
[we're seeing a photo of a young man in a football uniform in front of two coaches, each of whom looks black.]
Pezzola is a flooring contractor from upstate NY. lots of commercial flooring, linoleum, tile carpet.

/204

active in sports his entire life. at early age was golden glove boxer. 26-6 record. very good amateur record. his coach was one of first female boxing coaches. may ahve been one of 1st openly gay female boxing coaches.
/205

one of top boxers in that region. [showing photos of him with black boxers]. after 18 he joined marines. he was an infantry marine. actually have to land on the beach. [photo of him as Marine; photo with dog; photo with daughter; photo with wife Lisa; photo with 2 parakeets]
/206

this entire case is about a 6 hour delay of congress. from 2 to 8pm. ... case is a smattering of telegram posts, snippets of videos. want you to examine each piece in its own light and then in light of others. Pezzola arrived with many 1000s of others to

/207

in DC to make their voices heard. ... constitution allows for protests objections, challenges, and delays. ... allow for resolution of those in hearings. heard govt say always peaceful transfers till 2020. not quite true. many many contentious elections over years.

/208

election of 1876 ... did not get certified till March 2, 1877, 2 days before inauguration was scheduled. both men preparing to be sworn in. finally on 3/2/1877 members of congrfess came to deal. lots of contention. almost till xmas time in 2000--bush v Gore

/209

even a little violence in FL before that race was certified. many many contentious presidential elections over the years and certificaitons.
govt makes huge deal out of 6 hour delay.
1877 certification took better part of 2 mos to resolve.
evidence will show 3 days

/210

prior to J6 senate pencilled in a 2 hour delay to hear protests and objections. plans to have US senators challenge--and they did challenge. now showing letter that VP Pence wrote on J6 during midst of this. writes "millions of americans" had concerns about 2020 election.

/211

said his role was ceremonial but he'd do everything in his power to allow congress to discuss objections. congress planned for 2-hr adjournment. J6 has been called many things. riot, even insurrection or attack. if attack--one of lamest you can imagine.
/212

attackers carried few weapons except megaphone. you saw nordean with a megaphone in one hand and a pabst blue ribbon beer in the other. imagine an attack in complete compliance with DC gun laws.
[now showing rioteres reaching window ... man in red actually caused the

/213

damage that Pezzola is charged with causing. several seconds after breaking windows. ... [video shows a man in red throw a 2 x 4 threw pane to right of the 1st one that Pezzola breaks. not clear the sequence.]
these are not $1000 windows. typical windows seen in 1000s of ..;
/214

structures. here's video from inside as windows are being broken. [from cc camera ... you can't really see the window Pezzola broke]
these are not $1000 windows. [showing the breaking of a window on different side of door. Roots is claiming rioter was surprised how easily

/214

it broke.]
Now see 2x4 coming through one of panes. now rioter [michael sparks] jumps in. they couldve made an arrest right then but they chose not to. now you see mr pezzola and other rioters coming. if you look closely you see thick reenforced shutters.
/215.

those shutters couldve been closed but someone chose not to shutter those shutters.
now let's go to this robbery claim. i'm going to show the same video of this crowd chaos and highlight some things govt omitted to mention. lot going on here. at some point Mr. Pezzola.

/216

Pezzola is seen pointing here. didn't point out what happened directy before this. people were being hit by pepper balls or rubber bullets. we dont know if it's capitol police or MPD who did it. an infantry marine has certain instincts. most of us, like me, if

/217

all this was happening, i would want to run. but infantry marine is trained to get to cover, to duck, survive, push thru. you can see pdezzola does reach out, grasp a shield. at some point back and forth, tug of war, pezzola comes up with plastic riot shield
/218

this is what govt calls a robbery. i think we can all see this is not what we call a robbery.
loook at bottom of screen. man crouching whose been hit in face or head with rubber bullet. can see huge pool of blood. Pezzola sees this pool of blood. see him ducking down,
/219

patting his own head to see if he's been hit. see there. pints and pints of blood have been spilled. see there's another man who's been hit. see Pezzola admonishing officers. Point at them. he knows that violates basic rules of engagement for any kind of civil riot

/220

protest. that's deadly force. violates MPD's own manuals. so i want you to examine the evidence. slow it down. zoom it in.
here's one of inds hit with rubber bullet. went right thru his cheek. can see he's got swab of napkins he stuffed in his mouth. right in front of

/221

Pezzola. here's another video of same sequence. can see Pezzola grasping, reaching. you can see he does grasp on a police plastic riot shield. see pezzola in center, black hat, handkerchief over face. he does get in a tug-of-war and ultimately comes up with plastic shield.

/222

suffice it to say, this was not a robbery. [!?!]
Dominic Pezzola had only been a PB for one month before J6. some defs he'd never had a conversation with. he'd exchanged a few messages with mr. tarrio. other co-conspirators he'd never met at all. here's accused of ...
/223

conspiring with them.
even the video the prosecutor showed with this weird march from wash monument toward capitol--pezzola's sort of on outskirts of group. not at center of group.
then there are undercover informants. more informants than people on trial.

/224

some providing information in real time to FBI. forwarding this directly to govt at this time. every aspect of PB leadership--internal disputes--known to govt almost as soon as it happened. evidence in some ways disproves govt's allegations.
/225

observe these witnesses very carefully. see if they're getting cues from people elsewhere in the courtroom. DOJ is largest law firm that's ever existed on face of earth. unbelievable resources, power. search warrant authority.
if had such resources why present

/226

case the way they are?
not a single protester was ever in the same room with a single member of congress. never happened. on almost every workday congress works with some kind of protester or another. they do not shut down or go into recess.

/227

now showing video of Pezzola smoking victory cigar in capitol and saying: "this is fucking awesome. i knew we could take this motherfucker if we just tried hard enough."
govt makes big deal of this video. how did he define victory? not by preventing hindering or delaying by
/228

force transfer of presidential power. govt didn't charge taking a building. that would be much more minor charge. something like trespass.
[he keeps replaying video of Pezzola celebrating taking the capitol.] i want you to regard this as the not-guilty video.

/229

they weren't perfect. but thank god the law does not require perfection. all i ask is that you carefully consider all the evidence. you'll conclude pezzola for all his faults and mistakes is not guilty.
/230

We're taking 10 minute break.
[That was a totally singular opening statement.]
/231

Have you ever seen The Producers? I can just imagine the jurors after that argument sitting open-mouthed & stunned, like the audience after the close of the number "Springtime for Hitler." /232

Judge Tim J. Kelly back on bench.

/233

Now there's a delay because Carmen Hernandez (for Rehl) failed to show her slides to the govt beforehand the way all the defs were ordered to do and all the other def lawyer did. She's flipping through them now for judge outside presence of jury.

/234

Jury being brought in.

/235

Atty Carmen Hernandez for def Zachary Rehl.
Rehl is presumed innocent. when evidence is in it will show he is innocnet. [she sometimes holds microphone too far from mouth to hear her.]
never used force. didn't push police officer. didn't shove. hit in face. didn't destroy

/236

property. did not force self into capitol. proceedings suspended at 2:13pm. he did not enter until 2:53pm. ... VP's out of bldg ... [she's going in and out of audibility.] Case is *not* about Donald Trump. *not* about Antifa v. Proud Boys. *not* about divide in american
/237

politics.
... [Hernandez is mostly inaudible to us in media room at this point because she's waving mic and holding too far from mouth.]
conspiracy 12/19/20 to 1/6/21
use force? no.
destroy property? no
assult? no

/238

govt has obtained more than 160K messages.
telegram chats, social media posts, video recordings, 1 hr 45 min recorded zoom video call. not a single message that [shows] Rehl intended or planned to attack Capitol & disrupt proceedings. ... not one.
/239

What was Rehl doing in DC on J6
came to DC on 7/4/20.
came to DC on 12/12
came to DC on J6.

/240

on J6 he came to DC with 3 philadelphia colleagues. one is biracial male. one of vietnamese extraction. one is white men married to african american. traveled together to DC together. stayed in hotel together. there's myth that PBs are racist. they are not.

/241

each time he came to DC he came to celebrate [America]
Isaiah Giddings: biracial male [inaudible]

/242

Rehl came to DC to exercise his 1st Amendment rights. [she's reading 1st Amendment.] if you live in DC you know about demonstrations. every day there's a demonstration.

/243

On J3:
John Stewart (Johnny Blackbeard): the main operating theater should be in front of capitol bldg ...
Rehl: Is [Tarrio] still doing a speech? Where is that?

[Hernandez inaudible]

/244

not insubstantial people were out speaking [about election fraud.] Giuliani was once [respected] US Attorney ...
I'll be introducing US Capitol Police demonstration permits. ... opportunities to demonstrate near Capitol. shows Rehl's view of what was going to happen ...

/245

was [demonstrations].
There were anticipated multiple demonstrations near capitol grounds sanctioned by US Capitol Police.
who is zach Rehl. father with 2 girls. [photos of Rehl with his girls] Son of philly police officer who passed away when Rehl was 12.

/246

grandson of Philly officer too. supported police in Philly. (photos of PBs delivering supplies to police officers in Philadelphia). also served in Marines 2008-2012. not combat vet; stateside in logistics unit. (pictures)
after Marines, attended college with GI benefits

/247

got BA from Temple, MA in innovation management. 1st in family to attend college.
[now showing picture of a red herring.]
something to divert attention. ... fact that we state opinions, post things [irrelevant]. lot of this case is monday morning quarterbacking.
/248

conspiracy starts around 12/19 with trump tweet. yet looking at things before then and saying, see, he says election was stolen so that means he came to DC on J6 [to storm capitol.] improper way to analyze. in america trashtalking & posting distasteful is not a crime.

/249

on 12/12/12 there was rally in DC. that evening there was mayhem. men in kilts. PB rallies--start drinking early or end up drinking alot. that night 4 PBs stabbed in downtown DC. scared some PBs. Tarrio decided to create Ministry of Self Defense.

/250

maybe tongue in cheek. lot of text messaging. had zoom video call. Tarrio said you need top-down hierarchy. don't want any violence. no drinking till after rally is over. don't get stabbed.
hard to believe you're going to formulate a plan to attack or force govt to do ...
/251

something without bringing [a weapon?].
There's an application form to join MOSD. asks recruits to affirm they won't use drugs or alcohol. they won't spread what we talk about in this group. full cooperation with leadership. will act in self defense and never initiate

/252

confrontation. Finally: fit in or fuck off.
nothing suggesting mission was to attack capitol on J6.
Rehl gathered a group of Philly PBs. 3 came with him to DC. stopped in Delaware to get 2 cases of beer. principal objective is to get drunk. none used violence.

/253

on J5 around 9:40pm. somebody says "i have a plan" -- plan is to meet at Wash. Monument tomorrow at 10am.
Rehl responds: if the plan to still meet up with our ten, we can do it iun the morning. he did not bring fighting force.
/254

Rehl's home searched. no gun recovered.
Rehl entered Capitol at 2:53pm.
Govt showed Pezzola making video of "celebratory smoke" in capitol around 2:30pm. Rehl was still outside. no link. they're not communicating.
also entered Capitol with Jeffery Finley, member of WV PB
/255

Finley is African American. they are not racists.
word out that VP has left bldg. someone says, want to go in? saying that out of curiosity. not to disrupt any proceeding. no indication they're there to use force.

/256

Govt told you Rehl wrote message on parler on J7 saying 'this is what patriotism looks like. today was a historical day.' then he quotes Thomas Jefferson about resisting tyranny.
probably most of you don't agree with political leanings of these defendants, but that's not

/257

what we're here to decide.
[inaudible]
70mm americans [voted for Trump]. Harvard law school grads, Senator Josh Hawley, saying [something wrong with election].
[now showing Sixth Amendment highlighting right to *impartial jury*]
The assault charge relates to Donohoe

/258

throwing water bottles at police. That's basis for charging Rehl with assault. No text message where Rehl advocates assault.
Def Pezzola allegedly broke window. No text message where Rehl says, let's break a window.
[no discussing due process & presumption ...
/259

of innocence. That should have been *now* discussing due process & presumption of innocence.]
[inaudible]
wait for evidence to come in and decide the case on the facts. ... thank you.

/260

Hernandez is done. Kelly releases jury.

/261

Norm Pattis (for Biggs) approaches mic.
"I've received stay of execution of suspension [of his bar license] while appeal is heard. My position i'm now a position of CT bar, no reason to suspend my DC admission."
Govt has no objection. Kelly asks counsel to arrive

/262

tomorrow at 9am. Pattis will apparently be allowed to sit at counsel table again. Done for the day. See you tomorrow, I hope.

/263-end