One the cops said the mob tried to drag him "as deep into the crowd as possible," the filing says. Another cop recalled being "kicked, struck with poles, and stomped on by several individuals." Court papers say he also "recalled being maced once his mask was ripped off."
Conversation
Prosecutors say that Whitton texted a photo of his injured hand to a friend after the riot, saying, "This is from a bad cop."
"Yea I fed him to the people," Whitton wrote. "Idk his status. And don’t care tbh.”
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Interesting lawyering at a bail hearing for ex-Green Beret Jeff McKellop. His lawyer, Sean Peritz, says McKellop's experience as a Special Forces operator should favor release since he *thought* at the time of the Capitol riot he was saving the nation--like he was trained to do.
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DC Judge Carl Nichols isn't really buying the argument (above) by ex-Green Beret Jeff McKellop saying he used his military training to help "tear down the same democracy he was sworn to defend."
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DECISION: Judge orders ex-Green Beret Jeff McKellop, charged w/assaulting cops at the Capitol, to remain in jail pending trial, citing the risk that McKellop could harm law enforcement in the future.
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Prosecutors say they are in serious plea negotiations—w/a potential cooperation deal—w/Iced Earth front man and Capitol rioter Jon Schaffer. H/t
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In a new filing prosecutors rebut Texas winemaker Chris Grider's motion to dismiss his obstruction of an official proceeding charge. Grider claimed the election certification didn't fit that definition. The govt says it does.
A judge's ruling here will be crucial for many cases.
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Overnight prosecutors filed new papers seeking to keep Trump State Department aide Freddie Klein in jail pretrial. Klein has argued that the police riot shield he used vs cops at the Capitol's Lower West Terrace wasn't a "dangerous weapon." The government disagrees.
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Richard "Bigo" Barnett has filed new court papers asking--again--to be released from jail pretrial.
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Barnett's release memo is...something.
His lawyers compare the pain and suffering displayed at mass protests following the killing of George Floyd w/Trump supporters who "have been ridiculed and exploited for generations by America's ruling class."
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A lawyer for Capitol riot defendant Ryan Samsel says he zip-tied and beaten by a CO at the DC jail on March 21.
The lawyer says the DOC and FBI are looking into the incident.
Replying to
Ten more members of Congress, including Maxine Waters, Karen Bass & Jerry Nadler, have joined a lawsuit by Bennie Thompson & the NAACP accusing Trump, Giuliani, the Oath Keepers & Proud Boys w/conspiring to incite the Capitol riot.
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The federal incitement suit has also been expanded to name War Boys LLC, a company run by Proud Boys leaders Enrique Tarrio, Joe Biggs & Ethan Nordean (the last two are under indictment in connection w/the Capitol riot.) Tarrio has been named personally as a defendant as well.
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Shortly after storming the Capitol, prosecutors say, Jeremy Vorous of Venango, Penn took a photo in front of a Lincoln statue. "Yeah we in dis mofo," he wrote on his post.
Weeks later, when the FBI talked to him, Vorous said a cop inside the bldg took his pic in front of a statue
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New charges have been unsealed against Christopher J. Quaglin who stands accused of going on a more than half-hour-long rampage against cops at the Capitol. The feds say Quaglin punched & shoved cops, attacked them w/a stolen riot shield & sprayed them w/chemical spray.
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In a livestream video Quaglin posted before the riot, he speaks of being ready, adding, "Proud of your boy"--a common Proud Boys' slogan.
In another video after the riot, he films himself shirtless in his hotel room while, yes, cooking steak in his shower, prosecutors say.
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On 12/22, prosecutors say, Quaglin sent a Facebook message to someone w/a photo of his "basement gun room."
"I have been planning for this since fucking Bush left office and obama came in,” he wrote.
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When the FBI visited Andrew Morgan in Texas to ask about the Capitol riot, he said he was there as a journalist & "civil rights auditor." (He got his press card from another auditor in Michigan.)
He also said he was concerned Mike Lindell's video about election fraud was banned.
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There's a fascinating legal issue in a new filing by Cowboys for Trump leader Couy Griffin that could affect nearly all of the Capitol riot cases. Griffin notes that the unlawful entry charge most rioters are facing concerns areas protected by Secret Service-which Congress isn't.
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The statute (18, 1752) allows that places where Secret Service protectees like, say, Mike Pence are *temporarily* do qualify as restricted grounds, but Griffin's lawyer seem ready to contest that position.
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There is no direct legal attack--yet--on this charge (which is basically a federal trespass charge) that almost all of the Capitol Hill defendants are facing. But...if there is a formal move to attack the count it is going to get interesting.
More on all of this to come soon...
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So many Capitol rioters were riven by paranoia, seeing disparate events as proof of civil war. Here, in a new filing from late last night, Florida Oath Keeper Kelly Meggs conflates the Nashville bombing, a ballot station fire, etc. into "a full fledged assault on our republic."
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Pure gold.
The overnight filing in the Oath Keepers' case contains a photo of 2 teams of OK's speeding toward the Capitol in golf carts.
"Fucking war in the streets right now," one of them says, according to the filing. "Word is they got in the building . . .let’s go.”
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Interesting new legal argument at bail hearing for Capitol rioter Daniel Adams, charged w/assaulting cops.
The prosecutor says he considers it a "weapon" how Adams "corralled" dozens/hundreds of fellow rioters into breaching the building.
The mob was the weapon, he suggests.
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KEY FINDING: The federal judge overseeing the Oath Keepers case says that according to the evidence he's seen so far the militia's conspiracy to breach the Capitol appears to have really come together on Jan. 6 itself, not before.
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Judge Amit Mehta made the remarks at a bail hearing for Joshua James, who (like other Oath Keepers) has argued he was in DC on Jan 5-6 to protect GOP VIPs like Roger Stone, not to storm the Capitol.
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Mehta cautioned that a jury would ultimately decide the matter of when the Oath Keeper conspiracy began. But he has released several defendants in the case pretrial because of what he has called the relative weakness of the evidence that they preplanned the breach of the Capitol.
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Judge Mehta is moments from releasing Oath Keeper Joshua James too.
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Richard "Bigo" Barnett was already famous for putting his feet up on a desk in Nancy Pelosi's office.
Now, in a new filing, prosecutors say he also left Pelosi a note:
"Hey Nancy
Bigo was here
Bitch"
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Prosecutors also say that Barnett demonstrated his 950,000 volt "hike n strike" stun gun on Jan. 5 for onlookers in the hotel bar where he was staying.
Barnett has asked to be released pretrial. The govt is opposing the request.
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The feds found one of Barnett's Facebook posts from December until the account name "General Reincarnated Patton."
“I came into this world kicking and screaming, covered in someone else’s blood," he wrote. "I’m not afraid to go out the same way.”
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