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Kyle Cheney

@kyledcheney

Mar 9

HAPPENING NOW !: Proud Boys prosecutors say their production of materials to defense attorneys two nights ago may have involved "a spill of classified information."

They want to send the jury home for the day while they address it (among other issues).

This is a huge morass. Defense thinks prosecutors attempted to withhold crucial evidence about the FBI's handling of the case and are using this claim about a "spill" of classified info as a ploy to delay.

Kelly has sent jury home, parties will spend day discussing fallout.

AUSA Jocelyn Ballantine -- the superviser of the Proud Boys prosecution team -- says DOJ needs to claw back the materials it sent to defense team to scrub for potential classified information inadvertently included in the material sent to them as part of the case.

Read 5 tweets

Kyle Cheney

@kyledcheney

Mar 9

Jenna Ellis admitted in Colorado bar proceedings that she repeatedly misrepresented claims about the 2020 election.

She’s been censured by the state’s top disciplinary judge. statesuniteddemocracy.org/wp-content/upl…

It’s actually quite remarkable that Ellis admits her actions “undermined the American public’s confidence in the presidential elections, violating her duty of candor” and that she had a “selfish motive” while engaged in a “pattern of misconduct. statesuniteddemocracy.org/wp-content/upl…

BUT: Because this is what the parties were willing to stipulate, the judge only had a “limited” set of facts to determine appropriate punishment and said it wasn’t enough to depart from “presumptive sanction” of public censure.

Read 4 tweets

Kyle Cheney

@kyledcheney

Mar 8

HAPPENING NOW: Norm PATTIS, attorney for Proud Boy Joe Biggs, tells judge he's "outraged by what tucker Carlson said. I don’t think any reasonable person … could conclude otherwise than that there was violence."

He's concerned that it could cause backlash with jury.

DOJ says Pattis's comments are a "distraction." "We are just so far afield here. I think it’s a distraction...We should not be sitting here talking about what Tucker Carlson said."

Judge KELLY says he isn't concerned about it — the jurors have been repeatedly admonished to avoid media and ignore whatever they hear outside the courtroom. "There’s a lot of background noise about January 6. I’m not sure this is that much different. "

Read 9 tweets

Kyle Cheney

@kyledcheney

Mar 7

HAPPENING NOW: Prosecutors are having an FBI investigator walk jurors through video of the group's march from the Washington Monument to the Capitol, including Ethan Nordean giving instructions before they started.

Here's a sample of some of Nordean/Biggs' remarks to the broader Proud Boys group as they started to march.

Prosecutors now show Proud Boys march stopping and Nordean saying they need to wait a minute so they can "link up with Alex Jones."

Read 16 tweets

Kyle Cheney

@kyledcheney

Mar 7

Capitol Police department sources tell me the footage Tucker Carlson aired tonight of Jacob Chansley (the Q Shaman) was virtually all available to Jan. 6 defendants via discovery — not part of some newly unearthed batch.

It makes sense because USCP has long acknowledged that it provided the vast majority of Jan. 6 footage from the hours of 12pm - 8pm to defendants, encompassing the bulk of events that day.

That is reflected here, a March 2021 court filing: politico.com/f/?id=00000178…

On SICKNICK, there clearly was erroneous reporting about his death in the early days after Jan. 6 — USCP and the FBI were frustratingly tight-lipped for weeks about what happened to him.

But it's been clear for well over a year that he returned to the line after his spray attack

Read 9 tweets

Kyle Cheney

@kyledcheney

Mar 6

Jan. 6 defendant Olivia POLLOCK remains a fugitive, skipping the first day of what was supposed to be her jury trial today.

Judge Nichols unsealed a bench warrant for her arrest on Friday.

Biggs attorney Norm PATTIS says you could reasonably argue that many people in the Jan. 6 crowd are "tools" of someone else, "including the 45th president of the United States."

GIESWEIN's statement of offfense describes his march with the Proud Boys. Carmen Hernandes, defense attorney for Zach REHL noted this AM that he was invited to march by someone they understand to be a CHS. documentcloud.org/documents/2369…

Read 9 tweets

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