Court has resumed in the second #J20 Trump inauguration protest trial being overseen by Judge Kimberley Knowles. So far, jurors haven’t come into the courtroom yet, as Knowles has heard arguments over defense requests for a mistrial and motions for judgement of acquittal
The defense early this morning renewed their request for a mistrial. Counsel stated they had received partial information in response to their subpoena to ‘Matt’ from Project Veritas but they don’t have time to properly research this information to inform their arguments at trial
Yesterday, attorneys for each defendant had argued to Judge Knowles as to why all charges should be dismissed. Today, under her obligation to view evidence “in the light most favorable to the govt,” Judge Knowles allowed all but a few of the charges to remain. #J20#J20trial
Judge Knowles ruled that even in “the light most favorable the government” there was insufficient evidence to charge two of the defendants, Seth Cadman and Cathseigh Webber, with the felony count of “inciting or urging to riot.” These 2 charges were dismissed; All others remain
Judge Knowles essentially endorsed many central concepts of the #J20 prosecution, noting that she agreed w/ the government’s assertion that simply not leaving the protest march when destruction took place was enough to have decided to join the criminal conspiracy. #J20#J20trials
Judge Knowles also cited wearing a bandana, black clothing, and being a member of a protest group chat on Facebook messenger as potential evidence of guilt against a #J20 defendant not accused of any actual destructive acts
After Judge Knowles ruled on Motions for Judgement if Acquittal (MJOA) she heard from one of the defense attorneys, who was analyzing subpoena material received from ‘Matt’ from Project Veritas just this morning. It appears the defense won’t be calling ‘Matt’ to testify #J20
The defense complained that ‘Matt’ from Project Veritas didn’t fully comply with their subpoeana and that many of the texts and emails he provided to them were heavily redacted. Names of participants in text messages were redacted, for instance #J20#J20trials
The defense asked for a five minute break to go through the brand-new info from the Project Veritas subpoena. Here’s some of the texts by ‘Matt’ from Project Veritas read out loud by the defense that we were able to catch in open court:
So far it seems that Judge Knowles won’t be granting a mistrial despite her acknowledgement of a Brady violation resulting from the protection hiding evidence. The defense insists they cannot give their clients a fair trial w/ new relevant information appearing as trial is ending
Other defense counsel also pointed out that in his testimony yesterday, Detective Pemberton admitted that the hard drive he received from Project Veritas had different files and folders labeled by dates, and all of these videos weren’t provided to the defense. #J20#J20trials
Another defense attorney pointed out that all federal district courts require ‘Brady’ evidence to be shared with the defense before trial. In this instance, the Brady material came out *during* trial and the contested evidence had already been shown to the sitting jury #J20
The defense also alleged a total lack of due diligence by @DCPoliceDept & @USAO_DC for not asking any follow-up questions after receiving evidence from a source with a clear bias against the defendants
Since Judge Knowles declined to declare a mistrial despite repeated defense requests to do so, the defense asked her to forbid any mention of the January 8 planning meeting by the prosecution. Knowles hasn’t ruled on this yet & reserved judgement. #J20#J20trials
Judge Knowles has said she will include in jury instructions language about how jurors should consider Project Veritas’ bias, and about how the defense sought information from them that they didn’t receive. #J20#J20trials
Jurors in the second #J20 trial have currently been dismissed until 2:30 PM as the prosecution, defense, and Judge Knowles negotiate jury instructions line-by-line. Closing arguments are expected to begin tomorrow. #J20trials
The 3rd #J20 trial had been scheduled to begin yesterday, on May 29. Jury selection in the third trial was then delayed to today. Today, Chief Judge Morin delayed it until tomorrow. Morin is also expected to rule tomorrow on sanctions for the Brady violation he found last week
Judge Morin hinted last week that he may sanction @USAO_DC for the ‘Brady’ violation by throwing out any use of Project Veritas undercover video taken at the January 8 #J20 protest planning meeting after prosecutors were caught denying edits to the video unicornriot.ninja/2018/prosecuto…
The defense in the current #J20 trial rested their case before the lunch break today, without calling any witnesses. Jurors will return around 2:30 PM to hear jury instructors from Judge Knowles. Closing arguments will take place tomorrow
Judge Knowles is currently delivering a lengthy jury instruction to the jurors in the second #J20 trial. Before jurors arrived to begin receiving instructions, Judge Knowles heard arguments from the defense & prosecution about jury instructions.
Defense lawyers brought up another evidence-related complaint, alleging that the govt had emailed details about the new Project Veritas videos to counsel for other trial groups, but not lawyers for the current #J20 defendants. This includes an FBI document about Project Veritas
Judge Knowles has also been having problems with her computer and keeps claiming it was supposed to have been fixed #J20 #J20Trials
Judge Knowles also ruled that she would not exclude use of the January 8 planning meeting video by the government in closing arguments, despite her own finding of the govt violating evidence rules by hiding edits made to the video #J20#J20trials
Before Judge Knowles began instructing jurors a few minutes ago, the defense read a stipulation to the jury. The stipulation contained language agreed upon by both the prosecution & defense in an attempt to address the evidence issues w Project Veritas & their operative ‘Matt’
The stipulation stated, in part, that ‘Matt’ was the source of the planning meeting video, & that if Matt had testified, he would have said that:
- he was working for Project Veritas & filmed several meetings
-He doesn’t remember any talk of violence or destruction at any meeting
Judge Knowles is still giving instructions to the jury. She just went over the details of the different conspiracy counts. One juror, in seat 5, appears to have been asleep for much of the instructions. We just watched this juror go 8 mins without opening her eyes #J20#J20trial
The same juror in the second #J20 trial is clearly falling asleep throughout jury instructions from Judge Knowles, which are still going on. We just watched the juror in seat 5 go another five minutes without opening her eyes, while visibly nodding off
Judge Knowles has ended court for the day in the 2nd #J20 trial, after finishing reading jury instructions to the jury. At the end of her instructions (and throughout the day) she incorrectly referred to Inauguration Day as “January 21st, 2017” (it was actually January 20th)
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#BREAKING: Federal prosecutors just filed notice that they are dismissing charges against 38 Trump inauguration protest defendants who had been facing decades in prison after being mass-arrested at #J20 protests. Report coming soon.
Our new report breaks down today's #J20 legal news, which likely represents a decisive end to the troubled case in which federal prosecutors had been fighting tooth & nail to convict anti-Trump protesters based on a wide-reaching conspiracy theory unicornriot.ninja/2018/us-attorn…
We've been doing our best to cover the #J20 case since the events of January 20, when hundreds of people took to the streets of DC for a militant street march demanding "No Peaceful Transition" for the new Trump administration: unicornriot.ninja/2017/no-peacef…
To view the "#UniteTheRight 2" planning chat on Facebook, look at the bottom of our new article for the embed. Leaked Messenger logs show chats between May 13 and June 14 of this year unicornriot.ninja/2018/leaked-vi…
The leaked Facebook chats show Jason Kessler and his co-organizers reaching out to violent far-right groups such as the Proud Boys, American Guard, & 'Patriot Prayer' to work security at the second #UniteTheRightunicornriot.ninja/2018/leaked-vi…
The ICE manual for undercover agents describes how agents & informants are allowed to break the law & can use "proceeds" from illegal businesses to fund their own operations in the field. Profits can also be paid to other agencies and foreign governments unicornriot.ninja/2018/icebreake…
ICE can also use profits from illegal business activity by undercover agents and/or informants to buy evidence, to pay themselves overtime, and pay for travel expenses unicornriot.ninja/2018/icebreake…
ICE provides cover to undercover agents and informants, as well as fake businesses for use during infiltration, using a variety of methods. One passage reveals how they are provided with fake social security numbers by the Social Security Administration unicornriot.ninja/2018/icebreake…
DC Superior Court is resuming session for the day shortly. On the 3rd floor around 9:30 AM, Chief Judge Robert Morin will be ruling on pre-trial matters for two upcoming Trump inauguration protest trial groups.
Last week, Chief Judge Morin ruled that prosecutors @USAO_DC violated the ‘Brady Rule’ by withholding evidence helpful to the defense. Today he will decide how to ‘sanction’ the prosecution. unicornriot.ninja/2018/prosecuto…#J20#J20trials
Judge Morin has suggested he may forbid the govt from continuing to use an undercover Project Veritas video of a protest planning meeting. New filings from the defense last night claim dozens of more Project Veritas videos were hidden from defense by US Attorneys #J20#J20trials
The second trial stemming from the mass-arrest during protests against Trump’s inauguration is continuing this week in DC Superior Court. So far today, two prosecution witnesses have testified.
The first witness to testify today was Laurel Hassberger, a forensic technician who recovered several objects from the scene of the mass arrest at 12th & L on #J20. Assistant US Attorney Qureshi did a “show and tell” type presentation of several recovered objects to the jury.
This portion of testimony was basically identical to Hassberger’s appearance in the first trial. The prosecution dramatically presented several objects such as hammers, goggles, & crowbars. When cross examined, Hassberger admitted she pulled no fingerprints or DNA from the items
Police witnesses expected to continue testifying today in the 2nd Trump inauguration protest mass arrest trial. Our latest report brings you up to date on the trial, which began this week:
Jurors in the 2nd #J20 trial just finished hearing from Officer Ashley Anderson, who was working in a DC Police “civil disturbance” mountain bike unit during Trump inauguration protests. The defense finished their cross-examination which began yesterday afternoon. #J20Trials
Officer Anderson was asked by defense counsel to clarify what she meant by her testimony that protesters were “throwing explosives”...she admitted this comment referred to fireworks.