Thread by @Brandi_Buchman

Good morning. It is Day 45 of the Proud Boys seditious conspiracy trial. It was winter when this began and it is now spring, as you can tell from the exterior of the federal courthouse.

More witnesses for the defense today. My live coverage begins at 9 am for @emptywheel

Yesterday, Henry Tarrio's witnesses, Proud Boys Fernando Alonso and George Meza appeared for testimony. It was Meza's last day on the stand and he didn't fare any better than he did during his first appearance. Not under the laser-like focus of prosecutors conducting cross.

From the stand, Meza testified that he wasn't part of the Ministry of Self Defense after 1/3, a channel that prosecutors allege PBs used to coordinate 1/6—or, he said, he couldn't remember—but prosecutors showed him posts from well after 1/3...

Like, for instance, a video Meza created "If not now, when?" about 1/6.

Now, Meza claimed he didn't send this video to MOSD on Jan. 9, despite text records showing this was the date the video appeared in the channel. He said it must have been forwarded.

In his video, Meza called Jan. 6 "The Glorious Event" and said it wasn't antifa or BLM. that was responsible for what happened that day. This was our battle, he said, this was our victory.

At times before the jury, Meza's testimony about 1/6 came off as unrepentant. Further, the violent talk among Proud Boys was "trivial," he said. That would include texts in MOSD on 1/4, for example, where Proud Boys suggested "the rope" for DC Mayor Muriel Bowser.

Another problem w/Meza was that his testimony was often at odds with testimony from other witnesses. Or himself.
Meza said he self-policed the MOSD chat and notified Tarrio when talk veered anti-Semitic or racist. But he didn't provide any testimony to really support this...

Nor did defense produce any significant evidence to support the assertion that Tarrio put checks on violent or racist behavior in the club.
Like I wrote already for @emptywheel, if the aim of Meza's testimony was to make PBs as an org. look tolerant or peaceful, he failed.

Here's my write-up, if you missed it:
emptywheel.net/2023/03/26/whe…

Most material in MOSD, Meza said, had to do w/protecting Proud Boys. Those who deviated were "riff-raff."
That riff-raff, however, he admitted, included Gabriel Garcia. The same Garcia Tarrio kept close and invited on the private plane (paid by Patrick Byrne) to DC in Nov.

Jurors also saw video of Meza from outside the Capitol on 1/6 with a radio on his chest, tactical gear on, telling the crowd, "The election was stolen. This is our House. Patriots are rising up. Uhuru!"
But Meza insisted, for him, 1/6 was purely about providing security.

Meza at least testified that Tarrio never instructed him to go to the Capitol. And PBs, he insisted, weren't against police. But the jury has also seen a huge amount of evidence that could suggest otherwise.

Now as for Florida Proud Boy Fernando Alonso -- it was another tough round of testimony once prosecutors got ahold of him.

Like witness Eddie Block before him, when Alonso testified, he came to court wearing Proud Boy colors. Where Block wore a yellow and black flannel over his shirt, Alonso wore a yellow Fred Perry polo with the PB laurels on the chest under his fleece.
fastcompany.com/90560741/why-t…

Alonso was defensive about his attire once it came up towards the end of his testimony.
"Is it illegal to wear a Fred Perry shirt?" he said.
On redirect, Tarrio's atty Sabino Jauregui took the opportunity to ask Alonso how it felt to be attacked for the clothing he wears.

Objections over that line of questioning were sustained & Jauregui backpedaled, asking Alonso instead to describe how it feels to be attacked for the people he associates with, like the Proud Boys.
But Alonso was proud. Very proud.
But you know what they say goes before a fall.

I'm going to go through Alonso's testimony more closely in a piece to come this week for @emptywheel, so stay tuned.

And away we go.

Though I'm hearing it doesn't sound like we'll go very far today. A juror has apparently fallen ill.

Tarrio's attorneys are not here this morning just yet. Steve Metcalf for Dominic Pezzola has indicated there was substantial traffic.
They are on the way.
But Kelly says, we learned this morning we have a sick juror AND a sick defendant (Zachary Rehl)

Kelly says it doesnt make much sense for him to remain on the bench if all of the parties aren't here.
Kelly: The reason we emailed the status to all of you was to give you an opportunity to think about how we might best proceed rather than just inform you cold here...

But for the moment, Kelly says, all we can do is hope and assume that we have a healthy jury tomorrow to the extent that matters. Then, Kelly says, the question is Rehl's ability to be present - appears he won't be able to be here today.

Kelly: I remember this coming up in Oath Keepers case and a particular defendant waived his presence during a particular witness testimony.
(Indeed, Stewart Rhodes got Covid mid-trial)

No one was prepared today, but we could take part of tomorrow and do a charging conference and then part of tomorrow for a witness if your client is willing to waive his presence, Kelly says

Carmen Hernandez for Rehl says she'll try to reach her client to see if he'd be willing to waive.
And she says, she got a text: Tarrio's attys are now parking and coming into the building

AUSA Jason McCullough has one quick question for Judge Kelly but we won't hear what it is.
They go to the phones and the husher is on.

Husher off.
Judge Kelly jokes, "Now that Mr. Jauregui is here, I'm definitely leaving the bench"

Kelly: Let us know when you're ready for me to take the bench, whether its 5, 10 or 20 minutes and we'll go from there.

Judge Kelly: I do think it sounds like that's the most productive 1st step.

And so, we're on recess until the parties advise otherwise.

NOW: The defendants are filing into the courtroom now in their matching green prison-issued jumpsuits. All are present except for Zachary Rehl.

And we're back.

Judge Kelly is back on the bench and asks what the parties have decided.
Hernandez for Rehl: Mr. Rehl would agree to waive for CHS witness and a sargeant from USCP about permits (they'll go on tomorrow). He has requested that if they do video, it be piped into his facility

Hernandez says DOJ sought to do this in Oath Keepers case but weren't able to. Even if that's not possible, he'll still waive for those two witnesses.
Kelly: Did they successfully do audio in the other case?

AUSA Jocelyn Ballantine said no, court did an oral waiver for Rhodes.
Rhodes had Covid but Rehl, it sounds, may have pink eye.
Hernandez: He doesn't think its pink eye, but it could be contagious. If they determine if it wasn't pink eye, he'll be here tomorrow.

McCullough asks for Rehl to make a video appearance to waive his ultimate presence at court today.

Hernandez: The next issue is Mr. [Jeff] Finley]. On Thursday when Rehl comes back, Finley would go on first and then we'd have the rest of our witnesses.

Nick Smith for Ethan Nordean raises issue about sick juror - the next witness for Nordean flew in from west coast at great expense, Smith says.
Smith wants the alternate juror to come in so we can proceed.

Kelly says if it had only been the juror issue, he would have brought everyone here today and asked what to do - but we had the issue with Rehl too.

Kelly asks if possible to basically have Hernandez use her phone to call Rehl, get him on the line and put it next to the mic in court where we can hear him orally waive. Otherwise, he'd have to be schlepped from the prison in AX to here only to go back. (No remote srvcs at AX)

While we wait - Kelly says, whats govt's feeling if in 24 hours, if juror says I'm still sick without more information - how to proceed?
McCullough: We expect to get further information as this day goes on, we'll come back tomorrow and then once we have that info, we'll...

McCullough continued: assess the path forward.
Kelly: One way or the other, we'll have the other jurors present tomorrow and we'll pass on any information we learn

Rehl is apparently being tracked down right now, so it'll only be a few minutes, Tarrio's attorney Nayib Hassan says.
Nick Smith meanwhile asks if parties will go ahead with hashing out jury instructions today and Kelly says no because parties weren't prepared for that today

Now - Rehl is on speaker phone with Judge Kelly as Judge Kelly speaks to him from the bench.

Hernandez says Rehl wants jail to determine for sure if he's got pink eye, not the government.

Kelly: Mr. Rehl, we were informed maybe you're ill maybe you're not, but hopefully we get clarity on that later today. but in case you are ill and are not ale to be brought to court tomorrow...

Kelly continued: ...we've been told for next 2 witnesses called by defense, you'd be willing to waive your presence here in court while those witnesses testify. Is that correct?
Rehl (on speaker phone): Yes your honor

Rehl affirms after Kelly asks, yes, he's willing to waive for the two witnesses as discussed this morning. Kelly thanks him, phone is passed back to Carmen Hernandez and that takes care of Rehl's waiver.
(Never seen that before!)

Kelly tells attorneys: Maybe its a false alarm with regard to his potential illness, so maybe that won't even be necessary. So we can adjourn for the day. The jurors will be brought in tomorrow, whether we're down a man or not.

Then we'll discuss how to proceed

Nick Smith wants information about the juror's illness shared with defense so they can plan accordingly, Kelly says he's already indicated that would be the case.

Smith asks, what if govt doesn't agree and we can't get to trial on Wed or Thurs, is court amenable to holding longer hours on Friday for trial?
Kelly: I'll look at Friday and frankly, that was one of the things, when i got this information this morning and passed it onto you...

Kelly continued: ...that was one of the first things i got to. I don't think its helpful to think of a contingency upon a contingency, we may be ale to move forward with all jurors tomorrow.

@threadreaderapp unroll please

I'll be back in court Wednesday at 9 am ET.