Thread by @rparloff

Day 13 of the Proud Boys trial LiveBlog starts shortly. I’ll be live-tweeting here and on Lawfare: bit.ly/3QKlKii Day 12 started here:

https://twitter.com/rparloff/status/1620406880786092033

/1

Yesterday morning, the govt introduced some potentially weighty exhibits whose force I couldn’t gauge until I downloaded them last night. (Hard to hear audio files from media room.)
/2

In this podcast just 7 days before J6, Nordean (pictured below) says: “When police officers or govt officials are breaking the law what are we supposed to do as people? Discourse? Debate? No. You have to use force.”
/3

Remember, the top charge is conspiracy “to oppose by force the authority of the US” or “by force to prevent, hinder, or delay” execution of US laws. Attached to the next tweet is an excerpt where Nordean, on 12/28, muses on implications of using “force against the govt.”
/4

Nordean: “I don’t want to have to use force against the govt. I don’t think anybody really wants to … But here’s the thing. We will replace you. We’ll assemble an army that will replace you--like that. Like, I’ll take your badge. It’s mine now.”

/5

Here are some other evocative exhibits. On 12/31 Tarrio (and a 2d def, tho I forget which one) posted this glorified image of def Pezzola from 12/12/20 with the text “Lords of War. #J6 #J20” On J6 Pezzola will be the very “tip of the spear,” smashing 1st Capitol windows.
/6

Oops. Left off image on previous tweet. It's here:
/7

Here’s Nordean, 2 days before J6: “if you are a patriot, you will be targeted & they will come after you. Funny thing … they don’t realize is … we are coming for them.”
/8

Similarly, 3 days before J6, Nordean here warns police that they have a choice to make. He uses the slogan “Back the yellow,” a reference to PB colors and an inversion of one of the PBs' previous mantras, the pro-police slogan: “Back the Blue.”
/9

Here are some exhibits that, while not new, are quite important. (They're cited in the indictment.)
25 min after the New Year (2021) begins, Tarrio posts:
"Let's bring in this new year with one word in mind ...
Revolt."
/10

That afternoon Tarrio posts a pun, of sorts:
"New Years Revolution."
/11

Finally, on J6 itself, def Tarrio posted these Parler messages cheering on the riot in progress. (For context, Pezzola smashes out 1st Capitol windows at 2:13pm)
at 2:38pm: "Don't fucking leave."
2:41pm: "Proud of My Boys and my country."
/12

One other important one I left out: Tarrio 8 days before J6 with novel instructions for J6:
PBs "will turn out in record numbers on J6 but with a twist ...
We will not be wearing our traditional Black & Yellow. We will be incognito." ...
/13

... Govt theorizes PBs went incognito to better manipulate & rile up the crowd. The "normies" wouldn't realize they were being weaponized by PBs.
Yesterday Nick Smith (for Nordean) suggested that PBs went incognito to avoid getting stabbed, like one was on 12/12/20.
/14

Finally, here's a curiosity. One of Carmen Hernandez's (for Rehl) many motions for mistrial so far has been based on the govt's use of a photo of Rehl that has a Confederate battle flag in the background. I didn't know what photo she was talking about until ...
/15

yesterday when she drew attention to it herself on cross-examination herself. Do you see the snippet of flag in a sort of bandanna on the head of a man in the crowd standing behind Rehl? I hadn't until then. ...
/16

... Yesterday, a keen observer identified (more or less) the still nameless individual behind Rehl. Hats off to this observer.

https://twitter.com/Nabert94366848/status/1620538438788448256

/17

Judge Kelly now on the bench.

/18

Attys have reached an agreement about how to instruct the jury about 1st Amendment protected speech.
There's also a ton of objections to Telegram messages that the govt wants to introduce thru a different witness, but Judge Kelly will take those up later.
/19

Jauregui (for Tarrio) is now talking about a couple excerpts he wants to show from the same Alex Jones interview of Tarrio that the govt showed. One is video showing Antifa attacking civilians. In another Tarrio describes PBs as a drinking club and shows peaceful PB rallies.
/20

AUSA McCullough: we agree some videos do show what Mr. Jauregui calls members of Antifa attacking innocent civilians. [McC seems to agree that] evening footage is permissible, but peaceful rallies during day & Tarrio's "drinking club" comment are self-serving hearsay.
/21

Jauregui: [This gives necessary context to the excerpts govt showed.]
Judge will let in the clip showing Antifa attacking innocent civilians. They'll let defense make other points during their own cases.
Carmen Hernandez (for Rehl) wants to introduce 4 docs ...
/22

relating to statements by AG Barr about Antifa's wrongdoing, criminal conduct, murder of 5 police officers in Dallas ...
Judge: I haven't ruled them out of bounds--just not thru this witness so far.
Bringing in the jury.

/23

Jauregui (for Tarrio) continues cross of FBI Special Agent Camilieri:

J now showing a video Biggs posted showing a daytime PB march. Shows Tarrio, photographers.
J: he liked to perform for cameras?
it appears they're filming him as he marches.

/24

J bringing out how Parler works, and how you can make comments to posts. He's bringing out that the govt's exhibits don't display all the comments data.
J: do you know if any of Tarrio's posts triggered comments?
yes. prosecution team has that data. ...
/25

J: Do you know if Nordean, Biggs or Rehl commented on any of my clients' posts?
don't know.
J: Do you know if Rehl "echo" [retweet] commented on any of Enrique's posts?
i think he did.
J: Nordean?
don't know.
J: Biggs?
i think so.

/26

Jauregui now discussing an "up" vote available on Parler.
Agent: we didn't receive that info back from Parler.
J: do you know if any of defs upvoted Enrique's posts?
don't know.
J: how do you know Enrique actually posted this stuff? Not some guy in basement using his name?

/27

Agent: i conducted database checks to make sure it was him. there were IP addresses that came back to where he lived.
J: Did Enrique share any "parlays" with any of the defs?
don't know. don't know what that is. we didn't get that information back from Parler.

/28

Jauregui eliciting additional Parler functions that agent doesn't have available to her because Parler didn't provide it in response to search warrant.
Agent: we actually went back to Parler multiple times because they hadn't provided fulsome returns.

/29

Jauregui is questioning whether Tarrio's timestamps could be off. [Especially important vis-a-vis the posts he allegedly made during the J6 insurrection itself.]
Agent: we verified the times.
J: who created the exhibit?
i dont know which prosecutor.

/30

Now showing this exhibit.
J: See that flag (circling Rainbow flag in upper left corner)?
yes

/31

Now showing this one:
[now having crackling feedback problem interrupting Jauregui's cross.]

/32

Jauregui talking about the "incognito" line ... "who knows ... we might dress in ALL BLACK" -- like Antifa.
Jauregui now directing her attention to clips from the InfoWar Tarrio interviews. He's going to show her another clip.
/33

[video shows people dressed in black fighting other people.]
J: Antifa--they're not victims, correct?
they're holding defensive shields. fighting going on on both sides.
J: Antifa came ready to fight?
came with defensive shields. ready to defend selves.

/34

J: dressed in black. ready to rumble?
not all wearing that.
J: you know what mutual combat is?
seems self-defining.
J: long-held traditional of mutual combat in this country?
objection sustained
J: boxing is mutual combat? MMA?
yes. yes.
J: very brutal?
yes

/35

J: mutual combat is when i consent to get in [combat] with neighbor?
yes.
J: Antifa comes for mutual combat?
that's a hugely broad statement.
J: A lot comes armed?
i agreed the 2 people we looked at had knives.
J: multiple instances of Antifa with weapons?
yes

/36

Juaregui now showing another clip from same interview, showing video that was played on the InfoWars show (without sound, like first one).
Jauregui says that at left of screen, Antifa member does motion with right hand.
Jauregui is saying he's flipping open a knife?

/37

Agent: i see a fist balled up.
J: see it there?
does seem to have something in his hand. can't tell what it is.

Jauregui now showing another video from same show.
/38

[video: a man in all black. goggles. He's getting attacked now.]
J identifies one man approaching as Tarrio and agent agrees.
J: Tarrio's coming to rescue of this man, right?
yes, that man is getting his head beat in repeatedly.
J: & Enrique's trying to stop him from ...
39

betting beaten and holding him for the police to come?
Agent: yes, appears to be trying to stop him from being beaten. can't speak to holding him for police.

Now showing another clip:
[video: shows a family with children being accosted verbally ...

/40

J: and it shows one boy touching his face as if he's been hit?
can't say that.
J: agree these kids look terrified?
yes.
J: [common for] regular citizens to be terrorized by Antifa?
i've seen this video.
[video continnues: see another civilian with bicycle being pushed down
/41

Juaregui says man is wearing a Trump shirt.
J: did he do anything to provoke the men in black?
no.
J: thrown to floor with liquid poured on him?
yes.
now showing another clip

/42

J: see people dressed in black throwing mortars and fireworks at people at terrace restaurant trying to have a meal?
Agent: they could be fireworks, yes.

another clip (this one with audio):
/43

[see street fighting with PBs. now Tarrio speaking in interview with Alex Jones ... Tarrio: Antifa's trying to use their shields and i jumped thru them ... i was crowd-surfing ..." PBs now kicking people who are down. ... Now Tarrio narrating his involvement..."]

/44

J: daytime rallies were completely different from nightime rallies?
based on videos, yes.
J: Antifa comes out at night?
yes.
J: thin-blue line means order on one side, chaos on other?
yes.
J: for lot of americans that thin-blue line was missing for most of summer?
sustained./45

J: regular Americans had to step up--
Judge Kelly: counsel, move on.

Now turning to 48 Laws of Power book (referenced by Tarrio in a post).
Jauregui drawing attn to law 4:
"always say less than necessary."
J: my client hasn't mastered that law, has he?
he is very open ...

/46

J: actually if my guy stopped talking and posting he wouldn 't be in this mess would he?
i wouldn't agree with that.
J: if he was concealing, he wouldn't be telling Lt. Shane Lamond his every move, would he?
sustained.
J: wouldn't be being followed by documentary film crew?
/47

he might, if filmmaker didn't have access to his encrypted chats.

Now reading another law: "assume formlessness."

J: that's opposite of a rigid top-down structure, isn't it?
yes

/48

J: Parler posts were introduced by govt out of chronological order?
at times
J: and out of context?
didn't include 100s of others.
J: done to stitch together a narrative?
no, to avoid making jury listen to 100s of posts.

/49

J: you wanted to show at some point change of feeling toward police?
the posts show that.
Jauregui is now showing her the notes she [inadvisably] made just before testifying.

"animus towards police and government."

/50

J: point of Parler posts is to show if they coordinated in Nov and Dec they must have coordinated on J6?
...
J: any Parler posts inciting violence on J6?
not specifically.
J: any posts planning for J6?
yes. posts saying to go to J6 "incognito."
J: any Tarrio messages ...

/51

showing intent to [invade Capitol on J6]?
no.
J: any showing change of attitude toward police?
no.
J: any exhibiting hostility toward police?
no.
J: thank you agent. hope my daughters grow up to be like you.
he's done.

/52

Roger Roots (for Pezzola) begins his cross.

R: Some co-defs had 1000s of followers. Tarrio had over 100,000. Pezzola had 54 followers?
correct.
R: no def followed Pezzola?
correct.
R: he followed a couple of them?
yes.
R: and that was as of mid-Jan 2021?

/53

he followed others before J6. and Tarrio from December.
R: following does mean "agree," right?
possible.
R: Trump followed by millions who didn't agree with him?
possible

/54

Roots eliciting that many Trump supporters joining Parler after election because Twitter and Facebook were deplatforming many voices at that time?
if they violated terms of user agreement, yes.
R: many being censored.
not aware.
R: hasn't FBI played role in some of this

/55

censorship?
objection sustained.

Roots now turning to 1st amendment protections for offensive and anti-govt speech.
Agent: can still be used against you if you commit a crime.
Roots elicits that all these Parler messages were public.

/56

R: how many FBI case agents on this case?
not sure. more than 5.
R: more than 10?
this is unlike any FBI has ever conducted. it's a little nebulous. multiple field offices involved.
R: FBI investigating PBs before J6, right?
objection sustained.

/57

R: i'm not able to ask any questions about FBI investigations of PBs before J6?
Judge Kelly: not with this witness.

R: could more than 100 FBI agents be working on this case? more than 50?
no. no. more than 5.

/58

Roots now turning to the 48 Laws book.
R: when did you read it?
can't recall.
R: was it for purposes of this case?
no.

R: people sometimes exaggerate on social media?
yes
R: so "death to SCOTUS" may not mean literally planning a lynch mob?
yes.

/59

R: when people say "traitors should be hanged" ... or using a "firing squad" -- not really calling for organized effort to hang traitors?
can only speak to what he said. said he hoped they were shot.
R: exaggeration common on social media?
yes.

/60

R: you said Parler posts introduced selected by prosecution team?
yes. my role was to present the info seized pursuant to search warrant.
R: what percentage of defendants' parler posts came into evidence?
small percentage.

/61

R: some posted a lot that you didn't view as evidence?
right.
R: so if they posted cat pictures or recipes, you wouldn't view that as evidence?
[right]
R: you chose what fit into the puzzle [as you saw it]?
...

/62

R: would you agree that if not for 1st Amendment, many Americans could be hung for treason based on their social media posts?
sustained.
R: if govt were concocting a case, they'd use a lot of social media posts, correct?
sustained.

/63

R returning to 48 Laws book.
R: is govt's theory that the book is part of the conspiracy?
the book was introduced because Tarrio cited to it in his posts. ... in my opinion ... the laws are indicative of something that was going to occur on J6.

/64

R: if the other defs didn't read the book, they couldn't be part of conspiracy, right?
no.
R: if Tarrio communicating this plan thru this book--read chapters 3, 14, whatever--if other 4 guys hadn't read book, it wouldn't be a good conspiracy?

/65

Agent: our theory is not the book not fulcrum of conspiracy.
Roots is done.

10 minute break.

/66

Previous tweet should have said:
Agent: our theory is not that the book is the fulcrum of the conspiracy.

Before giving attys break, Judge Kelly is talking to them about the limiting instruction to jury on the 1st amendment. ...

/67

He'll eventually read the one agreed upon by the attys. Now everyone's breaking for 10 minutes.

/68

Judge Kelly is back on the bench.

/69

In light of Jauregui's cross, AUSA McCullough is trying to introduce 3 Tarrio Parler posts previously excluded. Jauregui elicited that Tarrio did not evince animosity toward police in his posts; McC thinks these post do suggest animosity toward police.

/70

Judge Kelly's not going to reconsider his ruling now.

[Incidentally, whenever Jauregui refers to his client, I often write "Tarrio" (for clarity here) when Jauregui usually refers to his client as "Enrique," giving it the proper Spanish/Cuban pronunciation. Similarly, ...

/71

I usually omit polite titles, like "Mr." and so on. I'm just trying to avoid repetitive stress injury.]
Now a sidebar relating to an issue Carmen Hernandez (for Rehl) has raised.

/72

Jury seated.

AUSA McCullough begins his redirect of S/A Camilieri:

McC turns to comment made by AG Barr about Antifa.
Hernandez (for Rehl) objects.
Sidebar

/73

McC: Are you aware of any statement by AG deputizing PBs--
objection sustained

McC now showing previously admitted video of the Bertino stabbing video. McC is eliciting that man in all black initially is not holding knife, but when PBs threatens him he pulls knife ...

/74

McC now showing another video ...
Jauregui (for Tarrio) objects.
Sidebar

/75

[While sidebar proceeds, I'll mention that at the beginning of this thread I attached a couple Rebel Talk episodes in which Nordean talks about the use of force. At the end of one of those he says something to the effect that ...

/76

"the foundation of every nation is force." Smith (for Nordean) then introduced a few more minutes of the clip in which Nordean clarifies "force when it's used properly."]

/77

Now McC is resuming direct.

He's showing this exhibit. Eliciting that these are Tarrio's words, not prosecutors' words.

/78

McC now bringing up some of the data that Jauregui had noted was missing from the exhibits the prosecution team presented. McC is trying to show her a zip file.
Hernandez and Jauregui objecting. Attys conferring

/79

McC is showing the files produced by Parler. Now pulling up Excel file of raw data for Rehl. Shows that Rehl uploaded "quite a few" posts from Tarrio.
Hernandez & others objecting.
Sidebar
/80

Agent describing a Tarrio post that Rehl "uploaded" (i.e., liked).
McC: is that a cat photo?
no.
McC: is that a recipe?
no.

/81

McC: what did Tarrio post
"last week many were stabbed by BLM. this week wasn't going to happen. ... fool me once, shame on you. fool me twice, you get a helmet to the fucking face."
Rehl uploaded (liked) it.

/82

McC does same thing for a 2d Tarrio post that Rehl uploaded. Then he establishes that we could go through all the posts checking out who uploaded whose posts, and it would take months if not years.

Now showing this exhibit:
McC responding to Jauregui's claim that ...

/83

the photo the govt selected for Tarrio was not Tarrio's actual Parler profile photo. McC is having Camilieri hunt down original Parler profile photo for Tarrio.

Now showing agent that photo: It seems to show a skull with violet rays coming from his eyes.

/84

McC now showing agent a screenshot of Tarrio's actual Parler post equivalent to the one shown by govt in its own exhibit format ("don't fucking leave" and "proud of my boys and my country").
McC showing that bio & text & timestamps are identical to govt exhibit

/85

McC now showing Tarrio had 88,000 followers on J6.
Now showing that on Tarrio's "proud of my boys" post, it shows 4.6K viewed that post. (I didn't catch other interactions McC elicited.)
Agent says user had 4 minutes to interact with that post before this screengrab.

/86

McC now going to show screengrabs of the actual Parler profiles of other defs.
1st is Rehl's. Rehl's profile photo looks like someone in a sleeveless muscle-style shirt with tattoo and strange hannibal lector-like mask over his face.

/87

McC now turning to 1st Amendment protections for speech.
Agent: protected speech can still be evidence of a crime.
McC: is it protected to say i hate barking dogs?
yes.
McC: i hate my neighbor's dog?
yes
/88

McC: suppose the neighbor's dog goes missing--
Objection
Sidebar

/89

Now showing this:
McC: is this protected speech?
yes.
McC: can it also be evidence of a crime?
yes.
agent explaining that hashtag J6 and J20 refer to J6 and inauguration.

/90

McC now eliciting how you can suggest state of mind through posts and also show coordination if different defendants post same thing around same time.

Now showing the 'Bad Company' recruitment video.
Elicting that 15 minutes later Tarrio issued post about ...

/91

need to protect the PBs culture. Agent saying that the culture they were protecting was a culture of violence (shown in the Bad Company video).
McC starts to show video but Smith (for Nordean) asks for sidebar.
/92

Judge Kelly excusing jury. Attys stay.

/93

That is, Judge is excusing the jury for lunch for about an hour. Attys stay.

/94

Judge Kelly asking McC where he's going.
McC: this witness was attacked on her credibility for her notes, the validity of data presented, her ability to recall whether someone interacted with another user, and the witness responded. and Mr. Smith said, you're wrong.

/95

she has a right to be rehabilitated.
McC is apparently trying to put in a video of violence Nordean was involved in from 2018. Judge Kelly is tending to keeping it out as too far attenuated from this case.

/96

McC is arguing that Smith asked the witness: Did Nordean engage in violence on video. She said yes. Smith then "chastised" her. McC wants to allow agent to rehabilitate herself by showing that Nordean *has* engaged in violence. Smith says he meant to say violence on J6. ...

/97

Judge tending to rule for Smith but will think about it over lunch.
McC: the recruitment video also rebuts defs' claim that there was no "culture of violence."
Smith: i never chastised the witness. i corrected myself in front of witness. no credibility issue.

/98

Now recessing till 2pm

/99

Judge Kelly back on the bench.

/100

Judge Kelly now discussing phrase "culture of violence." It was brought up on cross a great deal, but Kelly thinks it could suggest an improper use of this evidence if govt had used it. Kelly doesn't want govt to use it going forward. ...

/101

Judge not going to let McC bring out Nordean's violence on video from 2018. But will allow use of the video with respect to Tarrio's state of mind, since he posted it. So he'll allow video to be used but McC can't pause on Nordean or identify Nordean in it.
/102

[Apparently it's Nordean who decks an "Antifa" protester on the video but I don't think anyone can possibly identify him.]
Smith (for Nordean) still arguing to try to keep out whole video. (And it's already been shown on direct.)
/103

Bringing in jury.

/104

AUSA McCullough resumes redirect of FBI agent Camilieri:

McC turning to defense questions about 1st Amendment applying here. Now showing this:

/105

and now this:
Agent explaining that both are 1st am. protected but evidence because the defendants are talking about what they'll wear on J6. that shows coordination and plans for J6. /106

Now showing:
Agent explaining that while this is not an explicit call for violence on J6, it may indirectly call for violence on J6.

McC now showing a video that Rehl posted on 11/15.
text: "be careful what you wish for when you ask to release the Kraken."
Agent saying there are references to the election and references to force in the video. [this is video with Sidney Powell, Alex Jones,

/108

and scenes of PBs beating up Antifa protesters.

Now showing the 'recruitment video' that Tarrio posts. Agent explains that it's 1st Am protected, but it's evidence because it glorifies violence and [something else.] ... [video playing ... quite violent ...

/109

oh, that time--looking for it--I could make out Nordean knocking some one out with a round-house punch. ...]
Tarrio's text accompanying the video had talked about "maintaining PBs' culture." ...

/110

Hernandez calling for a sidebar.

McC now discussing "hyperbole" concept.
McC pointing out that the Tarrio recruitment video was not edited by FBI or prosecutors.
McC: did that video appear to be hyperbole?
no.

/111

McC: did Tarrio encourage people to come to DC for rallies?
yes
McC: in Dec?
yes
McC: for Jan 6?
yes.

/112

Now showing this one:
McC: Are these hyperbole?
no they are not.
McC is done.
Agent Camilieri's done.

Sidebar

/113

Judge Kelly is now reading limiting instruction about 1st amendment protection and the ways in which they can and can't use the statements in the Parler posts.

/114

AUSA Nadia Moore calls govt's 9th witness.
Elizabeth DeAngelo
FBI Special Agent
bachelors emergency management and public administration

Kelly interrupts and asks for sidebar

/115

AUSA Moore continues with direct.

6 yrs with FBI
Philadelphia field office
DeAngelo describing process of obtaining a search warrant. [We've heard this twice before from other FBI agents.]
Objection
Sidebar

/116

AUSA Moore resumes

DeAngelo continues describing procedures for obtaining and executing a search warrant.

DeAngelo participated in search of Rehl's home 3/17/21

single-family residence. philadelphia row home.
/117

between 9-11 personnel involved. some agents, some were task force people from local police. some staff.
2 individuals attempted to reach Rehl and wife by phone but couldn't.
2 agents then walked to front door. wife answered door. rehl coming down stairs.

/118

Agent describing the kinds of evidence they were authorized to look for.
Now showing some items seized.
A black jacket, which agent is holding up for jury.
Now black and gold "challenge coins."
1st: gold & black: PB with laurel leaves: I'm a western chauvinist etc.

/119

on back: West Fest 4
2d coin: black & gold coin with PB & laurel leaves. reverse: Kazoo Boogaloo 2020. 3 individuals depicted fighting. one with vest and helmet. another spraying liquid on a Pokemon character.

Releasing jury for the day because a juror has a hardstop today
/120

Attys staying.
Judge tells Smith to work with govt on limiting instruction regarding the video.
Judge now addressing the Telegram message evidence govt wants to put in. It's a large volume of evidence. Very fact-intensive inquiry. Judge hoping parties can narrow their ..
/121

disputes. There's ~200 exhibits.

/122

DOJ Atty Mulroe: we litigated in broadstrokes these issues back in December. Govt's position is that application of [your previous rulings] is pretty clear. Some questions around margins. But if we looked a few specific messages this afternoon, might give parties guidance.
/123

Smith (Nordean) saying some exhibits present unusual theories involving statements of people who are neither co-conspirators nor defendants.
/124

DOJ Atty Mulroe: we can supply defense within next several hours with a chart of exhibits indicating which theories we believe they're admissible under. We'd like to put this witness up on Monday.
Judge: give them the chart & then let's talk tomorrow.
/125

Hernandez (Rehl) asks that govt identify who the co-conspirators are and who the "tools" are.
Judge Kelly: defense should respond to defense chart by Friday.
Metcalf: agree with court's 1st proposal: show us the chart, and then let's talk in morning.

/126

AUSA McCullough (like Mulroe) pushing for deadline. [This is an important witness for the govt.] He wants a Fri noon deadline. He's afraid without one, we'll end up having to take Monday off to go thru these 1 by 1.
Dan Hull (Biggs) asking for mid-day deadline Sat.
/127

Norm Pattis now likens this case to the premise of Gilligan's Island. The crew went off for a 3 hr tour and ended up being stranded indefinitely while they try to work out their interpersonal difficulties.
/128

Pattis: I think this is largely an illusory problem that [will swell into as big a problem as we let it become].
Judge: Defs should respond to govt's chart by Friday at 6pm. By Sat at 2pm govt (& any party) should propose how to proceed.
/129

Hernandez: some of the text messages involve some of the sealed individuals. [Presumably that means confidential human sources, i.e., informants.]

/130

Judge Kelly recessing till tomorrow at nine. Before signing off, will just add one thing that happened late yesterday afternoon, after the jury left and after I left ...
/131

... but which i spoke to some attys about. Dan Hull brought to the judge's attention that a juror was making some hand gestures that seemed pro-prosecution. The judge didn't seem too concerned, tho. Hope to see you tomorrow.

/132-end