Thread by @rparloff

It’s Mar. 8 and Day 33 of the Proud Boys trial. I’ll be live-tweeting here and on Lawfare: bit.ly/3QKlKii. Govt had a powerful day yesterday, though hard to fully reenact on Twitter. Yesterday's thread started here:

https://twitter.com/rparloff/status/1633091745251483651

/1

The govt has been walking thru J6 from the PBs' 10am meetup at the Washington Monument thru, so far, breach 1 (at the Peace Circle) & breach 2 (thru the black metal fence across the West Plaza). One of 2 anchor exhibits is the montage below ...

/2

... which takes the PBs from the monument to some taco food trucks near the Capitol, and then the exhibit below which takes them to breach 1 at the Peace Circle. The govt cut away from these frequently ...

/3

... to show additional videos & Telegram messages. But what you'll miss most is that FBI S/A Nicole Miller was circling & identifying during the march not just the defendants, but 17 other identified "tools"--PBs or close associates who were mostly MOSD members ...
/4

... Then, once the violence began, she continued to circle all these individuals (plus additional unidentified PB marchers) to show their crucial roles on J6. This is highly controversial--the defense claim it's guilt by association--& could become an issue on appeal.
/5

Two of the most striking things that come thru: 1. The protesters at the Peace Circle were sparse & peaceful until the huge crowd of PBs arrives ~12:48pm. Biggs, using a megaphone, riles up the crowd & the breach starts just 4 min later. See here:
/6

... The 2d striking thing was that when the govt would display CCTV overhead shots of the crowd in the west plaza, and S/A Miller would circle clusters of defendants and PB "tools," those clusters would would often stretch out across the the very front of police lines ...
/7

... In other words, the PBs really were the "tip of the spear," as cooperating PB Jeremy Bertino put it in testimony.
Here's a couple stray new video exhibits before I try to find for you some important passages from the montage. ...
/8

Here's PB Charles Donohoe (reddish beard) & defendant Dominic Pezzola (salt & pepper beard) carrying a police riot shield. Someone asks, "You stole a riot shield?" and Pezzola responds, "Yeah." After Pezzola is Matt Greene, in goggles, who pled guilty and testified earlier./9

Here's NYS PB William Pepe (~11-15 sec, with American flag scarf on head), charging up the normies just before they all dismantle the black metal fence. "Let's go. this is what we came for!"
/10

Here's an excerpt from the PB march montage that struck me. Here at 10:43am def Ethan Nordean is explicitly riling up the PB marchers *against the police*--not Antifa. "Back the Yellow," he says, an explicit reversal of their stock, pro-police "Back the Blue" chant.
/11

And here's defendant Joe Biggs doing same thing: "After what they did to our boy Enrique [arresting him], we're gonna let DC fucking know we're goddamn here. We're gonna let the motherfucking world know ... So
let's fucking march through this fucking city that's ...
/12

... our goddamn city and be loud and motherfucking proud boy proud. so let's go fucking kick some goddamn ass. Metaphorically speaking, but you know what I mean."
/13

Here's a puzzling one. At 11:15am Nordean says "Let's take this roundabout ... for a minute," referring to the then still deserted Peace Circle, "and link up with Alex Jones." It's not at all clear what he meant.
/14

As Nordean, Biggs, & Rehl lead PBs through the Peace Circle at 11:21, Nordean tells crowd & PBs "We represent the spiriti of 1776 ... Real men are here. We know that the oath is ... defend the constitution ... against foreign enemies & domestic. Let us remind those ..."
/15

Judge Kelly is back on the bench.

/16

Apparently somebody--maybe Nick Smith on behalf of Nordean--purchased 30 headsets for jurors and counsel to better hear some of the audio exhibits, but they don't work very well in practice. We'll just turn the audio up louder instead.
/17

Now Carmen Hernandez (for Rehl) wants an instruction to the jury about FBI agent Miller's testimony to the effect that she could recognize Rehl's voice saying "Fuck it. Let's storm the Capitol." Miller at first said she recognized Rehl's voice, but then said ...
/18

... the voice was "consistent with Rehl's." Hernandez wants instruction that that's not an identification.
AUSA Kenerson: we viewed Miller's statement "consistent with" as an identification. We'd be happy to go back & ask a similar series of questions if court is ...
/19

... considering striking it. Testimony that the voice is "consistent with" Rehl's [based on her research] is still relevant evidence for the jury. That particular one ["Fuck it. Let's storm the Capitol"] was also filmed from [Rehl's] phone and there was no one else in view.
/20

Judge Kelly proposes sustaining her objection, striking the testimony, but letting Kenerson go back and ask different series of questions. Hernandez objects to letting him go back, calling it "repetitive."
Judge Kelly: I'm willing to strike and go back but you don't ...
/21

... want that. If you want an instruction, you need to show me case law that that's proper. otherwise I won't do more.
Atty Nick Smith (for Nordean) wants more guidance about when govt will finish because he wants to bring in defense witnesses from west coast ...
/22

Norm Pattis (Biggs) is concerned about developments in the media. He's talking about the Tucker Carlson broadcast. "Then Sen. Schumer went on a counter-rant, in my view equally irresponsible, when he talked about this being a threat to democracy." I'm outraged by what Tucker ...

... Carlson said. but i'm concerned [that jury will be outraged by his remarks, too, and may be motivated to convict as a result].
Pattis wants inquiry of jurors.
AUSA McCullough doesn't think inquiry is warranted. Judge has instructed them numerous times (including last
/23

night). There's nothing material that's happened here regardless what any member of the media has said. We should not be sitting here talking about what Tucker Carlson said.
Pattis: ... this is assuming dimensions of US v. Sam Sheppard. ... "carnival atmosphere" in media...
/24

Judge: we spent a lot of time talking [in jury selection] about avoiding the media and the like. ... there's a lot of background noise about J6, we've emphasized whatever you here outside courtroom--those things are not what this case is about.
Hernandez (Rehl) joining ...
/25

... and also wants to take up question of whether Carlson has more information than defense does.

AUSA Kenerson wants to alert court that next witness will be FBI Agent Dubrowski thru whom he'll introduce another deck of Telegram messages.
/26

Jury being brought in.

/27

AUSA Kenerson resumes direct testimony of FBI Special Agent Nicole Miller.

Now returning to scene of scaffolding. Looking at video and hearing someone calling out Milkshake's name. (FL PB Dan Lyons Scott). Agent Miller says she can see 5 members of PB marching group ...
/28

... in one view and 7 members in another.
Now another video of same scene. Miller ID'ing def Dominic Pezzola; now ID'ing 6 more members of PB marchiing group near Pezzola.
/29

Now seeing video showing entrance to steps under scaffolding (with police line across it).
Agent says there are 4-5 officers in that line. She's now ID'ing MOSD leader Charles Donohoe nearby. Now seeing Milkshake Scott breaking through line (breach 3). Donohoe a few ...
/30

rows back, and now Dominic Pezzola with the stolen riot shield. The police are now retreating up the stairs and crowd surges in. Pezzola running up steps. Behind him is NY PB Matt Greene. To the left is Milkshake. Now NY PB Pepe is going up steps.
/31

A new video now. Same breach, different angle. Milkshake is to left of opening in scaffolding now. See def Biggs, FL PB Fonticoba, former SEAL Shannon Rusch, and Rusch's son Trevor McDonald all entering the breach area heading for stairs in close proximity. ...
/32

... now still another video from different angle, seconds after breach. Agent identifies marching group PB making PB hand gesture: "We did it, man." Milkshake is saying "Proud of Your Boy." A number of people holding up PB hand gestures. ...
/33

... Agent identifying PB Chris Worrell, who says, "Yeah, taking the capitol."
Now going back to an earlier video showing this breach. Agent pointing out Worrell again; 4 others marching PBs who were up against wall with Milkshake. (1:49pm).
/34

... a new video, within minutes of that breach. Looking out at crowd: Agent sees 3 members of PB marching group plus Nordean, who is pointing toward scaffolding. Camera pans. She points out 3 more members of PB marching group: Paul Rae, FL PB Arthur Jackman, & another.
/35

Now we're inside the scaffolding. Def Joe Biggs is pointing toward where Nordean is standing. Camera pans to show Nordean and Jason Guarno (who was in PB marching group & also in pedestrian walkway after breach 1). Now seeing Nordean & Guarno hug.
/36

Nordean is now putting his mask up over face. (Below is an ID of Guarno. I can't vouch for it. But thanks to a follower.)

https://twitter.com/nine_niall/status/1479070514383671297

/37

Now showing this one from same time period. Note Bertino's comments.

/38

Now seeing texts between Rehl and his Philly PBs at this moment.

John: where are you. it's crazy. i'm still at the structure. ...
Rehl: i'm still on the front lines. Right by the tower.

/39

Now seeing an officer's body-camera footage from 2:03pm. We can see defendant Biggs who has a piece of fence in hand that looks like the black metal fence. Biggs hands the fence to others. Agent also IDs FL PB Fonticoba, FL PB Paul Rae, Trevor McDonald, Nordean.
/40

We're now seeing rioters dismantling the black metal fence. (2:03:59pm).
Now another video, from 2:06pm. Someone is spraying fire extinguisher. Someone is throwing a tine (right word?) of fence at police. And another. And a third.
/41

Now a video from just inside the scaffolding. Pezzola: you better be fucking scared! ... we ain't fucking stopping. fuck you. you better decide what side you're on motherfuckers. you think antifa's fucking bad, just you wait. .
/42

Pezzola: "Why don't you shut up ok? i took this from a fuckin cop, alright. shut the fuck up."
/43

Now a video from the west plaza. Agent pointing out FL PB Paul Rae, Trevor McDonald, def Nordean, Fonticoba, def. Biggs.
Nick Smith (for Nordean): we object, it's a mis-identification.
Sidebar
/44

Agent now circles the same 5 people she just mentioned, including Nordean.
That group is now walking north toward lawn. (Not into scaffolding.) They are sometimes touching each other. Now camera showing the stairs to upper west terrace. A police officer is up there. ...
/45

... rioters haven't gotten there yet.
Now looking at the lawn to left of scaffolding. We see def Biggs. Now see rioters have filled those stairs. Crowd using bike racks, placed vertically, as ladder to climb to those stairs.
/46

Video showing lawn in front of those same stairs.
On lawn we see FL PBs Arthur Jackman & Nate Tuck. Now crowd has breached top end of scaffolding & is streaming up the stairs. Seeing Biggs on lawn. Nordean. Now also seeing Kevin Tuck, 2 marching group members.
/47

Now video from inside scaffolding. We're seeing a breach at top of the scaffolding now. People pouring up those stairs to upper west terrace. Agent pointing out Pezzola; Now we reach another police line with bike racks in front of terrace, but it holds less than a min.
/48

That was last barricade before Capitol. After that Pezzola heads for Senate Wing Door -- sort of an alcove on left side of this map.
/49

Now another video showing the stairs to the UWT. Biggs is climbing up wall to get to the stairs. Right in front of Biggs is FL PB Paul Rae, behind him is FL PB Fonticoba.
/50

Now another video: Now seeing Paul Rae & Joe Biggs going up same stairs Pezzola went up.
Another video: now on upper west terrace. We see Biggs running to ballustrade with both hands up in celebratory fashion, looking down at crowd.
/51

Another video, filmed from lawn but looking up at ballustrade, seeing Biggs signalling from above. Right next to him now is Paul Rae, also celebrating. Biggs is pointing in direction of stairs he just climbed.
/52

Now a new video, also from lawn. It shows def Nordean. Rioters are scaling these walls. Nordean looking up toward Biggs.
Now showing a selfie photo taken from Biggs' google cloud from the ballustrade. Paul Rae & a marching group member also visible.
/53

Now seeing CCTV video on ballustrade of UWT. (2:12:33pm). Agent identifying def Biggs and Paul Rae. Biggs is pulling his mask down, has camera in hand, filming. Paul Rae runs to embrace another individual who lifts him off ground in hug. They're now walking toward ...
/54

... Senate Wing Doors.
Now turning to def Rehl. We last saw him near TV tower. Now seeing video recovered from Rehl's phone. 2:13:14pm.
looking up toward UWT which had just been breached.

/55

Now this one:
This is breach 4. Pezzola has phone in hand, appears to be filming at door. Rioters can't open it. Now Pezzola smashes left window pane next to door. Now smashes right pane (already damaged). Pezzola helping 1st rioters into bldg. ...

/56

Now seeing Pezzola go through the window. AUSA Kennerson asks what number rioter he was to enter Capitol. Metcalf objects.
sidebar.

/57

AUSA Kenerson: based on this video what number was Pezzola in entering the bldg.
Agent: approximately 5 or 6.

Now showing still (B&W) photo of Pezzola smashing window.

10-minute morning break.

/58

Judge Kelly back.
AUSA Kenerson resumes direct testimony of FBI Agent Nicole Miller:
Now CCTV footage from inside looking at the breach of the Senate Wing Doors. Video starts at 2:12pm. Rioters outside. Glass pane shatters inward. Police officer runs over. (Just one) ...
/59

First rioters jump in. Now see Pezzola. A couple rioters now kicking out door from inside. Pezzola has phone in his hand. Now rioters have broken through window on other side of door. Pezzola goes offscreen heading west toward stairs to Ohio Clock corridor. ...
/60

Now, at still at 2:13pm 3 members of PBs marching group begin coming in. Then Biggs, Fonticoba, Paul Rae come through door at about 2:14pm.
Also, rewinding, now seeing members of PB marching group coming through window on other side (north) of door.
/61

Biggs looks "happy," per Agent.
Now seeing Telegram message New MOSD Members
2:19pm Gilbert Fonticoba: We just stormed the capital. [sic]
2:24pm [someone else] posts link to Twitter. It's a phone video of rioters entering capitol. ...
/61

"President Elect Leo Kuznetsov": My dick is going to explode.
Bertino: They are innnn

Now video showing def Dominic Pezzola filming with his camera in a hallway just after entering. Now they are encountering Officer Eugene Goodman. ...
/62

... Now showing this photo from Ohio Clock Corridor. Pezzola in middle.

/63

And now this one. Pezzola's holding the riot shield.

/64

Now a new video: This is a rioter video showing Biggs entering the Senate Wing Door and heading down a corridor. Biggs starts to pull up mask, then sees camera, pulls it down and says: This is awesome!
/65

Agent now explaining Biggs' route after his 1st entry into the Capitol. He goes down hallway and then directly out another door to east side (not passing thru Rotunda).
Now showing video from one of Paul Rae's devices. We're seeing Rae & behind him is Fonticoba.
/66

This video also shows Biggs entering. Rae: let's go find Pelosi. Holy shit. ...
Rioters taking some bottled drinks & other snacks from a snack shop. They made no attempt to pay, Kenerson elicits.
/67

Biggs takes this selfie while in this area.

/68

Now back to Rae's video. We're continuing thru hallway. Paul Rae: "Oh fuck that. they're arresting people. they're arresting people."
Camera is now trained mainly on the floors. Approaching a door. Leaving bldg onto East Side.
/69

New video 2:15:50pm: CCTV video: Looking at Senate Carriage Doors. We're seeing Biggs & Trevor McDonald heading toward door. But law enforcement approach and those individuals turn around & run other way. ... Now some time later we see Biggs, Rae, McDonald, & 2 others ...
/70

... PBs marching group. McDonald has a baton in his hand. This video ends at 2:16:59pm.
New video: Now moving back out to lawn north of the Capitol. We see Nate Tuck, Kevin Tuck, Arthur Jackman coming around north side. They are now joined by Eddie George, Jr. (FL PB). ...
/71

Now a CCTV camera from 2:23:22pm from Capitol roof, looking down at Senate Carriage Doors through which Biggs & crew just exited. Agent IDs Biggs, Jackman & "a Tuck."

/72

Now playing this one from crypt. We're seeing Gabriel Garcia. He says: "We just stormed the Capitol" ...

/73

Now returning to Nordean, last seen on west lawn.
2:23:56pm. CCTV footage of stairs on west side that Biggs & Rae had climbed. Nordean is coming up stairs. Appears he was helped up there by other rioters.
/74

Nordean is gradually making way up to Upper West Terrace. Ends up at middle door, called Upper West Terrace Door. [Agent is moving colored magnets around demonstrative exhibit to indicate locations of the four defendants present. ....
/75

Now lookiing at CCTV footage of Senate Wing Doors again at 2:25:01pm. We see Pezzola again. Rioters still streaming in doors and windows. Pezzola is trying to talk into radio headpiece, per agent. Pezzola then goes to crypt.
/76

Now photos from Rehl's phone from 2:26:43pm and 2:27:16pm.

/77

Now video from Rehl's phone. It shows Upper West Terrace.
Now this photo from Rehl's phone: Shows Finley, bunch of other PBs--I didn't get all--making PB hand gestures. 2:30:09pm.
/78

Now a video from Biggs phone panning east from East Capitol steps. Biggs: "We've taken the Capitol."

Then this photo from Biggs phone:
Eddie George, Rae, Jackman, Kevin Tuck, Biggs.

/79

Same people, also from Biggs google Cloud account. 2:30:50pm.

/80

At this point, Pezzola is still in crypt.
Seeing CCTV footage from crypt. Agent IDs Pezzola. still has riot shield. Now Pezzola's smoking.
Now a fisheye CCTV camera in crypt. 2:34:20pm. Pezzola has phone in hand. He was filming, turning in circle.
/81

Now seeing this Telegram photo, recovered from Rehl's phone. 2:34:32pm. in crypt
Pezzola: this is fucking awesome ... i knew we could take it if we tried hard enough.
/82

... Pezzola ends up leaving the building after this. (We move his green magnet of the demonstrative board.)
Now turning to Tarrio (in Baltimore).
Parler post:
2:35:55pm Tarrio: picture of mperor from emperor strikes back.
/83

2:36:26 Tarrio Parler Post: After i finish watching this i'll make a statement about my arrest. for now i'm enjohing the show. do what must be done. #WeThePeople.

Now turning to Columbus Door on East Side (the outer doors leading to Rotunda). Mob scene ...
/84

... the inner East Rotunda doors are not open yet, so mob is trying to get in. Now we see Ronald Loehrke and James Haffner (both in PB marching group) in this footage near the door. Haffner is spraying chemical spray at officers. (Loehrke is friend that Nordean recruited.)
/85

Now another video from same location. East Rotunda door is now open. This is seconds later. Agent IDs Biggs and Jackman (who has hand on Biggs' shoulder). Now Paul Rae and Eddie George come into view.
/86

Now seeing CCTV footage from the other side of those doors, looking at the melée from the opposite angle. Now seeing Kevin Tuck, Biggs, Rae, George--all in a line, possibly in stack formation to stay together. That group goes up stairwell to 3d floor. 2:40:59pm.
/87

New video: New Yorker footage of stairway. Crowd chanting "treason." Biggs, Jackman, George, Tuck come through, still as group.

Now another Tarrio Parler post
2:38pm T: Don't fucking leave.
2:41pm: T: Proud of My Boys and my country.

/88

Plus this exchange between Tarrio & Bertino.

/89

Back to this one:
B: 1776 motherfucker
T: The Winter Palace.

/90

Now a Tarrio telegram chat from same period
Skull & Bones
2:28 Chris Cannon: this could have been us but you're a [N-word]
2:38: T: this is so much better.
2:39 C: Are we a milita yet?
Tarrio: Yup!
2:40: T: Make no mistake ...
2:41: T: We did this.

/91

Then Cannon posts video of WWII footage, but showing Nazi shoulders marching and attacking victoriously.

/92

Now a video recovered from Nick Ochs' phone, a Honolulu PB and PB Elder. These are stairs that Biggs and his crew went up. Now we see Nordean celebrating with Paul Rae. N looks elated. Woman to right had entered with Biggs earlier. [I wonder if that's Nicole Roberson]
/93

Now New Yorker video from a hallway in the Capitol. We see Biggs. They're pulling a divider. [maybe this will be explained shortly.]
New CCTV video of 3d floor hallway from opposite angle. Here comes Biggs, Jackman, Tuck. Oh, he wasn't pulling a divider, he was ...
/94

was simply holding a divider that ran down middle of hallway. That video ended at 2:42:20.
Now a CCTV video just outside Senate from 2:42:48pm. This is just outside Senate gallery. See Biggs, Jackman, Tuck & George enter. They're going inside Senate gallery now. 2:43:34pm.
/95

New New Yorker video of same scene. Camera going inside the gallery.
"While we're up here we might as well set up a govt."
Jackman is in there taking selfie.
/96

Now this one of Biggs, recovered from Biggs' Google Cloud.

/97

Now giving jury its lunch break.
Smith (for Nordean): we're moving for a mistrial. The govt displayed a Nazi montage posted by a non-defendant. use is self-evident bad faith. this montage was sourced from a commentary on abuse of criminal justice system. all defs join.
/98

AUSA Kenerson this has been in the exhibits provided to defendants from get-go. don't understand where this argument is coming from. made right after Tarrio posted a voice note. Tarrio never said, this isn't what i was talking about. This puts it in context.
/99

Smith: To say we should click on every embedded link in every chat to anticipate bad faith use by govt is just absurd.
Judge: I'm not going to rule on it right now. i don't think we're in mistrial territory. ...
/100

... but I'll consider an instruction ...
Smith: the problem is ... emotional impact ... designed to poison the well. there is no reasonable argument for this. this case has nothing to do with marching Nazis and brownshirts.
/101

Jauregui (Tarrio): marching Nazis and Hitler should have been teed up for us. Tarrio doesn't even respond to this Nazi video. doesn't respond at all.
Judge: it was produced to you in a manner that you could have pressed play. ...
/102

Smith: we can't play the videos in the telegram exhibits. [I can.]
Pattis: to slip that one in under the radar is -- [beyond the pale].
AUSA Kenerson: Tarrio's statements in that chat are referenced in the indictment. notion that defense would not focus on the video ...
/103

... to spring a mistrial motion is absurd.
Pattis: govt's [role] is to strike hard blows but not unfair blows.

Now recessing till 1:45pm.

/104

While on break, Here's another remarkable moment (tho not new) from the PBs' march montage. As they march past the Peace Circle at 11:21am, the PBs see that there's just a single police officer manning the barricade. Even at 12:52, when the breach starts, there's just five.
/105

Here's Nordean at 11:31am on J6 telling police officers "you guys got to prove your shit to us now. We'll do your goddamn job for you. How about you start going after these terrorists so we don't have to do this."
/106

Nordean to police at 11:33am: "Your job is to protect & serve the people, not property or bureacrats."
/107

*bureaucrats*

No Judge Kelly is back on the bench.

/108

Judge Kelly: I do think the admissibility of that video was close enough that it would've behooved the govt to [bring that to my attention in advance]. Would have behooved defense to object beforehand. I would've excluded it. I am going to strike it. Will deny ...
/109

motion for mistrial. He's now proposing an instruction to the jury striking the last video.
Smith (for Nordean) now asks that Judge Kelly specifically refer to it as "the Nazi video," so jury knows what we're talking about.
Jauregui (for Tarrio) asks that ...
/110

no other Nazi videos will be played for the jury.
Judge Kelly: let's have a rule going forward that if it involves Nazis, you'll tell me in advance. ...
/111

Now bringing in the jury.

/112

[Before the jury gets here, I'll just slip in this well-known exchange that might have been 1st reported by the @WSJ. I think it comes from PB Eddie Block's video.]
/113

Judge Kelly now instructing jury:
before the break you saw a video depicting nazis that a member of a telegram group chat sent to the group. the video was not sent be def Tarrio or any other defendant in this case. i have stricken that video. you may not consider it ...
/114

AUSA Kenerson resumes direct examination of FBI Agent Nicole Miller.

Biggs and Jackman are now leaving the Senate gallery, where we last saw Biggs. (From CCTV video at 2:45:24pm in the hallway outside the Senate gallery.)
/115

Now were switching to the rotunda .
Photo showing Hawaii PB and PB Elder Nick Ochs, def Nordean, Paul Rae, in selfie taken by Ochs, looks like.

Now looking at Bertino's comments from this time period: Dude, did we just influence history.
/116

And now showing this one. Agent points out that Tarrio's 1st Parler post, POYB, has gotten 4.6K likes. His 2d post, "don't fucking leave," has had 16K.

/117

Picking up now with CCTV footage of Biggs, Jackman & a couple others [I missed who] in a rather secluded Senate hallway. Arthur Jackman's removing an American flag and flagpole.

/118

At about same time, Biggs takes this selfie with the flag in the same corridor. Taken at 2:47:56pm
/119

Now CCTV footage looking at hallway in front of Senate gallery but from opposite end now. Seeing Biggs, Jackman, Tuck, and Eddie George. They're running toward Ohio Clock Corridor. ends at 2:51:47pm
George carrying the flag at this point.
/120

Turning to Zach Rehl. He goes in same door Biggs did--Senate Wing Door. This is 2:53:16pm. Crowd is now completely packed. We're seeing it from same CCTV camera as before. Rehl and PB [Isaiah] Giddings are coming in.
/121

We're now tracking Rehl, Giddings & 2 other PB marchers through the foyer. AUSA Kenerson had her speed up the video to save time as they worked thru the crowd. Hernandez objected.
Sidebar
/122

That video ended at 2:56:05pm.
Rehl and his group are headed toward offices.
New video: we're inside an office. Rioters are pounding a conference table. Rehl is on left and Giddings on right. It's smoky in the room.
Now seeing this photo: Rehl & Giddings are in here.
/123

Now another photo: Brian Hellion (ph), another PB, Rehl, Giddings, all doing PB hand gestures in same room. (Room has maps of Oregon in it.)
/124

Now we're in back the Ohio Clock corridor, where we saw Pezzola earlier. It's 2:52:13pm. We see Biggs & Jackman come in. Still carrying the flag. They go down a stairwell that Pezzola took up.
/125

Now we're at Senate Carriage Doors, where Biggs exited first time. Now we see Biggs exiting again. George, Tuck & Jackman follow him. They take flag with them out of building. it's now 2:53:44pm.
/126

Now phone records for Tarrio.
2:53:28 pm Tarrio tries to reach Nordean--didn't connect.
2:54:01 pm Tarrio tried to reach Biggs--didn't connect.
2:54:03 pm Tarrio tried to reach Biggs--didn't connect.
2:54:36 pm Biggs calls Tarrio: They speak for 42 seconds.
/127

Now a Parler post from Tarrio:
2:57:04pm Tarrio posts photo of rioter in chair of president of Senate in Senate chamber.
and then text: "1776"
/128

Back to CCTV footage near the Senate Wing Door now.
It's 3:04:20pm. We see Rehl going across hall to another door, but he does not go inside that other room. Next Rehl goes to crypt. Then he leaves through the window that Pezzola smashed around 3:13pm
/129

Now a Tarrio Parler post
2:58:43: T: revolutionaries are now at the Rayburn Bldg.
3:00pm: Follow (series of numbers) : @MurderTheMedia for live updates. [that's a reference to Nich Ochs.
3:02: this is no longer wash. dc. this is the city of the people of the USA. come & ...
/130

take it! make america great again.

Now these texts between Bertino & Tarrio: the video in 1st post is of Pezzola breaking the windows.

/131

Now back in Rotunda. CCTV footage from 2:58:16pm.
We're seeing Nordean with 2 women who entered with Biggs. then in another part of Rotunda we see Paul Rae and Nate Tuck. Now they all meet up in a cluster. 2:58:58pm
/132

Now we're switching to a new CCTV camera, also of Rotunda.
Pattis (Biggs) objects but Smith (Nordean) specifies that he doesn't object.
A POW flag is being pulled down from near wall of Rotunda. Not far away we see Nordean, Paul Rae, Tuck.
/133

Nordean turns toward flag, pulls his mask up. Nordean is getting closer & closer to the flag. He's right by it now. At 2:26pm the flag is pulled down. Now, on opposite side of room, law enforcement starts to come in.
/134

Now seeing texts between Nordean & Karin Drive In from J6
7:12pm: Karin: hope you're safe ...
Nordean: it was crazy. we stormed the capital. i grabbed a flag from the bldg.
8:02pm: for once there was nothing negative at all about the PBs today.

/135

Now seeing CCTV footage of Rotunda again. It's 3:04:10pm. We see Paul Rae & def Nordean. Police are now lining up across the middle of the room. More officers coming in from the left. We see in a cluster: Paul Rae, Nordean & woman who entered with Biggs. She's angry.
/136

Now seeing footage from body-worn camera of an officer. 3:06:22pm. We can see the 2 women who entered with Biggs. Nordean puts hand up behind 2 women. One woman is screaming in a rage at officer. "Oath over a pay check." Nordean to police: "You guys are a fucking joke."
/137

Smith (for Nordean) objects to last piece of testimony.
Sidebar.
/138

Another Body camera video: 3:06:02pm: Woman: "Oath over a paycheck. Oath over a paycheck." See Nordean, Rae, 2 women who entered with Biggs, and one other I think, maybe Tuck. "Oath over a paycheck." [over & over]. officer is pushing against Nordean's back who isn't budging./139

"Thin blue line is dead." Agent says that was Nordean who said that.
Smith (for Nordean): (laughing) "It's not the defendant."
Sidebar
/140

Agent explains that "thin blue mean" means support for law enforcement.
Kenerson: did Nordean immediately leave the area.
Agent: he did not.
Now seeing Nordean saying in Rotunda. Video ends at 3:10:10pm
/141

New CCTV footage from East Rotunda doors looking toward Rotunda. starts 3:11:14pm. Playing at 2x speed. See the 2 women, Rae, Nordean, and Tuck. Nordean pulls his mask down. (One woman still seems to screaming. No audio in CCTV.) they leave at 3:13pm.
/142

K: were any people who marched with defs still trying to get into bldg?
Agent: yes.
Now we're seeing footage from Lower West Terrace Tunnel Archway. (Center of inaugural stage)
3:16pm: Agent IDs AJ Fisher, FL PB in tunnel. he was with marching group. He's in MOSD. /121

Agent also IDs Zach Johnson who is FL PB and also in Boots on Ground. We're seeing pushing. Hearing screaming. AJ Fisher yells "Push."
Now another video from the front of this melée. First video was at mouth of tunnel. Second one is from deep inside tunnel. ...
/122

Now we're seeing law enforcement getting crushed by the people pushing.
Objection(s).
Judge Kelly: No, we've already litigated this.
Objection(s).
Sidebar.
/123

Now playing video. Seeing heave-ho, shoving against police officers, who are being crushed. We see AJ Fisher in crowd. Rioters using riot shields to crush officers. Officers repulsing rioters now. Agent points out Fisher again.
Smith objects--cumulative.
overruled.
/124

Officers are gradually pushing rioters out the tunnel door.
Smith: objection, this is beyond what the parties litigated.
sidebar
/125

Objection overruled.

We're going to take afternoon break for jury.

/126

So I screwed up the threading. Not sure what the best way to fix it is. But I think the thread picks up here, misnumbered as 121. Apologies. So please click here

https://twitter.com/rparloff/status/1633559938558578694

[Because I messed up the threading, there are two sets of tweets 121-142, covering different material. The original set ended here:]

https://twitter.com/rparloff/status/1633558867115122691

Again, sorry about this. It's hard to keep track of everything at speed. But I'll stay with the thread I'm in now.
/127

Judge Kelly is back.
AUSA Kenerson is resuming direct.
We're in Boots on Ground:
3:21 [someone] woman shot in Capitol
Donohoe: Roger. ... regrouping with 2d force. ... incoming National Guard and DHS agents ... URGENT ... VA National Guard & 200 state troopers being ...

/128

deployed.
Now a Parler post
3:39:29pm Tarrio: posts photo of QAnon Shaman.
then text: "hero. Proud of my boy."
/129.

now from New MOSD Leaders
3:35 Aaron Wolkind: suck it up. your country needs you to do cocaine
John Stewart: guys on ground, watch your fucking ass. OAN just reported that VA National Guard and State police are en route to you. ... Mayor has requested National Guard ...
/130

3:44 Donohoe: incoming national guard and DHS agents.
...
security sources staging ... Trump orders deployment of National Guard.
3:57 it's no longer about supporting trump. he has also chosen his fucking side. now we're getting our country back. cowboy up.

/131

Now New MOSD Members chat
3:49 NH Prez Warlock: capitol. murdered trump supporter.
3:51 DickTits: i don't ever want to hear another fucking 'back the blue' chant ...
3:51 Bertino: NEVER.
3:52 President elect Leo Kuznetsov: fuck the blue line & their faggot supporters ...

/132

Kuznetsov: these are tyrants and they will hang. ...

After Rehl left building he did not immediately leave capitol grounds. stayed on upper west terrace.
Seeing photo from Rehl's device. Rehl selfie making PB hand gesture.
Hernandez objecting. overruled.
/133

Another photo from Rehl's device: It's after he left Capitol.
Hernandez objecting-repetitive.
Rehl making PB hand gesture with Giddings, Hellion, and others.

/134

Now a Biggs selfie from 3:37:38pm. Agent says the flag behind Biggs is consistent with the one removed from Capitol.

/135

Now a video of a group. Same location. Kevin Tuck, Biggs, Rae, Nordean, Jackman, Nate Tuck, George, someone from marching group. "Freedom! POYB"
/136

Now seeing photo from Rehl's device. 4:06:17
/137

Tarrio then sends a message. Skull & Bones (elders)
4:05 Chris Phillips: so what now?
...
4:06 Tarrio: they'll fear us doing it again ...
Angel: things are going to get interesting this week
And we'll get blamed for it.

/138

Skull & Bones chat
4:09pm Phillips: So what do we do now?
4:14pm Tarrio: Do it again.

/139

Parler posts
4:40pm Tarrio posts photo of members of congress hiding in gallery.
4:43: when people fear the govt there is tyranny. when govt fears the people there is liberty.

/140

Now see a CCTV video from 4:07pm showing a city street facing the capitol. we see law enforcement. See the woman who entered with Biggs, Paul Rae, Nordean, the other woman. Nordean has the POW flag draped over him like cape. They are moving toward this courthouse.
Objection
/141

Sustained.
Kenerson asks for sidebar
(They're talking about this courthouse that we're in now. I'm not positive what the reference was to this courthouse.)
/142

Now we're looking at this column of police cars going down the street again.
AUSA Kenerson is done.

Smith (Nordean) begins cross of Agent Miller.
Smith establishing that she's a case agent. She says there are 6 case agents. She's a lead case agent along with Nick Hanak.

/143

She's been involved since the case's onset. Has reviewed info from defendants devices.
Smith's establishing that she has to provide written statements to defense. She says she knew about that. govt asked for those a few months before she testified.
/144

Some of her messages through a Link (phonetic) system, which is like Skype but used by FBI.
N: did you withhold any messages?
no.
N: you provided every statement on Link that related to your testimony?
yes.
N: have you ever gained access to atty client protected comms?
no.

/145

Nordean is trying to introduce "impeachment" evidence.
Sidebar
Permission to publish?
Permission denied.
N: are there hidden rows?
not that I'm aware of.

/146

Smith (Nordean) says that when you hit "clear" 8000 more lines appear on document.
Agent: i haven't seen it like this before.

Smith now wants to publish one message. Says all the others are now covered tho they're relevant.
Kenerson says the others are not yet covered.

/147

Smith says, okay, now they're covered.
Kenerson wants sidebar.
Sidebar.
/148

[As sidebar continues, Hernandez (Rehl) puts her hand up. She wants to speak, too.]
/149

[Now Kenerson puts his hand up. He looks pretty aggravated.]
/150

Smith now showing one message.
10/21/21 conversation
FBI agent TJ Wang to NMiller: found email message between Rehl & atty Moseley. ... indicates they want to go to trial. don't freak out.

Smith: you understand that's atty client privileged conversation?
sustained
/151

Sidebar.
[One of Rehl's early attys was Jonathon Moseley.]
/152

Smith: Last statement i read said: i need to find other emails, but ... [and then's there's a reference to Jason].
Jason refers to Mr. McCullough, doesn't it?
Judge intervenes. Here's what we're gonna do. We're going excuse jury early and discuss some evidentiary matters.
/153

Judge: sounds like if you're going to be going into these messages, makes sense to talk about today what you plan to do so i can figure out what answer is.

Smith: def's 6th Amendment rights violated when govt gained access to atty client privileged conversations ...
/154

Judge Kelly: what's the import in demonstrating 6th Am violation.
Smith: if 6th Am is violated, that's structural error. I also asked witness is she had withheld comms. The spreadsheet indicates that she has withheld messages about whether there's a conspiracy in this case.
/155

Judge: don't you have a scope issue?
Smith: she's testified about Aaron of Bloody East's chats in New MOSD. There's an agent named T. Wang saying in effect I don't think Aaron of Bloody East is involved in planning.
Then there are missing chats from Miller back to Wang.
/156

we know there's missing Jencks material. We discovered there were secret rows in the spreadsheet. when you click it, you see 1000 more rows. when you click it you see there are messages that were not provided.
Judge: we've been around this road before. This agent didn't ...
/157

testify that there was or wasn't a conspiracy. the fact she had conversations with another agent -- what's the conspiracy here -- that's outside scope of her testimony.
Smith: standard is whether it's related to her testimony. This is Jencks (under 18 USC 3500) , i.e.,
/158

a certain category of statement that the govt is required to provide to criminal defendants in advance of a govt witness's testimony.
Judge: 3500 is a discovery tool. if you want the discovery, you could go to govt and ask for it.
Smith: we discovered this very recently. ...
/159

Smith: separate & apart from what we're entitled to, I also want to use this for impeachment. she said she provided all messages and she didn't.

AUSA Kenerson: i don't know where to start. ... assuming there were missing messages, they could have asked govt to produce them. /160

we decide which messages to provide, not agent. so not appropriate to imply the agent hid them. if there's a production issue, should hear what is. we haven't gotten any request. If there's additional stuff, we'll disclose it ...
/161

... AUSA Kenerson needs to do more research about the alleged atty/client breach. He notes that if Rehl & atty spoke over jail phone known to be monitored it might not be privileged.
Judge Kelly thinks all these issues could have been the subject of motion outside ...
/162

... the presence of the jury. ...
Smith (for Nordean) now speaking again ...
/163

Smith is saying there's a strong inference that the agent withheld material from prosecutors. We have just discovered this information almost immediately before she started testifying.
Pattis (Biggs): 6th Am issue. Govt knew or should have known about the hidden columns.
/164

An additional 6th amendment right is right to present robust defense.
Judge: I want to tell the jury to come in an hour later tomorrow.
Roger Roots (Pezzola): this is not just a Jencks violation but a Brady violation and this trial has to stop till we get to the bottom...
/165

... of this.
Jauregui (Tarrio) now raising whether they should get spreadsheets from previous witnesses, too, to see if there's hidden information on them.
Hernandez (Rehl) says that even if the previous atty was talking to client over unsecure communications the fbi ...
/166

was supposed to stop listening once they realized that it was an atty-client relationship.
Judge: makes sense for parties to retreat to their corners and figure out their positions.
Metcalf: i want to rehash—
Judge: oh, no.
Metcalf is giving lots of more citations ...
/167

Judge is ordering Smith to notify govt by 8pm tonight of whatever messages you say are missing.
Hernandez (Rehl) wants court to order govt to find out what atty/client messages they have, even if atty Moseley spoke to Rehl on an unsecure device.
/168

Judge will order govt to be prepared to discuss status of Rehl's atty/client communications.
Hernandez: i plan to file a motion to dismiss tonight then.
Judge: fine.
Recessed till tomorrow. Hope to see you then. (Sorry again about the threading screwup.)
/169-end