LIVE: Follow along for the opening statements in the Proud Boys seditious conspiracy trial

1 year ago 55

UPDATE: Thursday, Jan 12, 2023 · 3:35:08 PM +00:00 · Brandi Buchman

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Proceedings are not televised and there is not a teleconference line, so you are stuck with me and my live tweets. (I mean, if you want to be, of course.)

— Brandi Buchman (@Brandi_Buchman) January 12, 2023

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Tarrio, Nordean, Biggs, Rehl, and Pezzola face nine charges apiece including seditious conspiracy; conspiracy to obstruct an official proceeding (OP) obstruction of OP; conspiracy to prevent an officer from discharging their duties....

— Brandi Buchman (@Brandi_Buchman) January 12, 2023

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The robbery charge for Mr. Pezzola is connected to a police riot shield that prosecutors say he stole and then used to smash open a window at the Capitol.

— Brandi Buchman (@Brandi_Buchman) January 12, 2023

Judge Kelly starts. He addresses Dan Hull, lawyer for Joseph Biggs. Kelly notes that yesterday he said he might not let Hull pick another lawyer to replace Norm Pattis (he was suspended for 6 mos) but today Kelly says, he might have been "too flip" and "too pessimistic"
Hull addresses Judge Kelly and starts by apologizing for the way things played yesterday- it got a bit heated - between himself and Norm Pattis, another atty for Biggs. "We hugged it out," Hull says. They welcome having Pattis back on the Biggs case, Hull adds, but Judge Kelly says he isn't certain what role Pattis is able to play given his status. That will be resolved later. For now, Kelly says he's not going to announce Pattis to jurors.
We learn also today: one of the jurors has come down with Covid. But that won’t waylay proceedings — we have alternates!

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Bertino cannot be interviewed about the search of his home or in connection to his testimony before the Jan. 6 cmte.
All of the defendants have waived any potential objections to this; Dan Hull, atty for Biggs, says he's clear on the limitations of how he can interview Bertino

— Brandi Buchman (@Brandi_Buchman) January 12, 2023

Out of the gate: Carmen Hernandez, atty for Zachary Rehl, would like Judge Kelly to know she needs another mic at the counsel table. "I know the court is stressed with all of these trials," she remarks. Kelly quips, "I'm not stressed. But I have a mic."

Biggs says now in court that he understands that because of the conflict with Jeremy Bertino and atty Dan Hull - information that could help his case in certain circumstances will be limited. He still wants Dan Hull to represent him.

More on the conditions Biggs has accepted re: conflict with Hull/Bertino:

Hull is precluded from asking questions to Bertino about the search of his home in March 2022, any items seized, any charges potential or actual. Hull is precluded from asking Bertino for info that could be "embarrassing or detrimental" to him. 

All defense attorneys are precluded from examining Bertino about his consultation with Hull in connection with the March 8 search of his home or testimony before J6C. That includes stmts Bertino has made about those interactions to the select cmte.

Kelly: For the record, Norm Pattis (who originally rep'd Biggs) does not have a valid license to practice law. (He's suspended for 6 months) He's attempted to appeal that but not successfully so far.

Judge Kelly says he will let the disciplinary cmte for the court in DC decide whether Pattis can participate in a capacity beyond sitting in the courtroom passively.

Pattis says he's not received a "no show" order and he is still a member of the bar in this court but he has stepped back and takes a seat. A moment later, however, as Kelly reviews the discussion, Pattis chimes in and says Biggs deserves to have an atty during proceedings but so as not to delay the trial any further, he's willing to hang back until his license issue is resolved.

The long wait is over after weeks of delays. Opening statements in the seditious conspiracy trial of Proud Boys Henry “Enrique” Tarrio, Ethan Nordean, Zachary Rehl, and Dominic Pezzola kicks off Thursday. 

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Good morning! I am here at the federal courthouse in Washington DC where, barring any additional delays, we should see the opening statements for the Proud Boys seditious conspiracy trial. Details on the delays and where we left off yesterday in the embedded tweet below. https://t.co/9Scqn1EDpM pic.twitter.com/f8PEEMDCY3

— Brandi Buchman (@Brandi_Buchman) January 12, 2023
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