Jan 6 Breach of the Capitol: Consequences & Repercussions III

[Hans Blaster]

The PBs aren't the only ongoing trial. Two more are in jury selection, plus another for a "Christopher Alberts" is in the defense case. Like in the PB case, Alberts took the stand in his own defense. If anything it went worse for Alberts:

In addition to attacking police officers near the top of the Capitol terrace steps using a wooden "pallet", Alberts is also charged with multiple fire arms charges for the gun he was carrying. His cross-exam went like this:

“There was a bullet in the chamber?”
“Yes sir.”

Oh well.

h/t to ryanjreilly on Twitter and NBC.com

Gun-toting Jan. 6 defendant says 'instinct took over' when he charged police line with wooden pallet

and this video still. Alberts is the guy with the camo backpack. Guy Reffitt is the guy in the blue jacket who *also* had a gun. (He got 87 months [7 y, 3 m] for civil disorder, obstruction of congressional proceedings, possession of a fire arm at the Capitol, and threatening a witness [his teen son].) The other three on the upper stairs are cops.

 

[Hans Blaster]

The cross-exam of defendant Rehl continues tomorrow. Then probably the testimony of defendant Pezzola. (No I don't expect that to go well for him either.)

Pezzola took the stand late this afternoon. Lost in the live-tweet shutdown was something the on-site reporters thought was even bigger than the video clip I discussed in the earlier post (with a secret special guest appearance). The implication from images shown yesterday was that Rehl had pepper-sprayed police in the scrum before the breach of the police line at the bottom of the stairs. Rehl, under question, claimed uncertainty that the person in the images was him due to "similarity" to what others were wearing.

Well this morning the prosecutors show some bodycam footage of what appears to be Rehl pointing and spraying at the cop.

(Rehl is identified as the man in goggles and baseball cap with his hand stretched out toward the camera. The older man in the red hat he is reaching past is the infamous Ray Epps. [I didn't see that coming.])


Rehl, eventually acknowledging the hand was his, tried to claim he was holding a recording device was asked this question:

DOJ: Do small handheld recording devices have streams coming out of them?

Rehl is not specifically charged with this assault. (The DOJ apparently didn't catch this before trial. The defendants are charged twice with assaulting officers, but not this one. All are responsible for the crimes committed in furtherance of the conspiracy if both the assault by one and the conspiracy proven.) It does, however, blow apart his testimony that he didn't do any violence or want to do violence and the careful work his attorney has laid out full of question to many witnesses like "Did you see Zach Rehl assault any officer? Destroy any property? No."

 

[Hans Blaster]

'Zip tie guy' and his mother convicted of conspiracy, multiple other counts in Jan. 6 case​

A Tennessee man who leapt over seats in the Senate Gallery while holding law enforcement-style flex cuffs – becoming one of the earliest and most recognizable images of the Capitol riot – was convicted along with his mother Tuesday of conspiring to obstruct the joint session of Congress.

'Zip tie guy' and his mother convicted of conspiracy, multiple other counts in Jan. 6 case

Notes: Munchel is interesting case for a few reasons.

1. The clear photo of him leaping a railing in the Senate gallery holding flex-cuffs was used as a test case by the developing group of online crowd sourcing investigators that ID every bit of his clothing and accessories. (Including his patches, body armor, gaiter, etc.) Then they found him talking to a live streamer. He was arrested 4 days after the attack

2. He appealed his pre-trial detention to the DC Circuit Court and won. Not only did he get released on bail, but the ruling narrowed the criteria for pre-trial detention that make the "held without charges" claim about the "DC gulag" propaganda even more obviously a lie.

3. One of the first (of many) family groupings to be arrested, Munchel came with his mom. No, he didn't bring her, she brought him.

This was a "stipulated bench trial". No jury, just the judge. The defendants "stipulate" to each fact of the case and then the Judge rules that he finds them guilty. Not really sure why defendants have been doing this rather than take a plea.

 

[Whyayeman]

Not really sure why defendants have been doing this rather than take a plea.

They may not be the sharpest knives in the box.

 

[Hans Blaster]

Rehl, eventually acknowledging the hand was his, tried to claim he was holding a recording device was asked this question:

I missed this in the confusion. He never actually admitted the hand was his. He claimed that "he didn't 'recall' using a spray", he couldn't quite ID his clothing in the video, and that it was a specific kind of recording device.

It's getting confusing out there...

Philly Proud Boy testifies at seditious conspiracy trial that he doesn't 'recall' if he used pepper spray on officers on Jan. 6

 

[Whyayeman]

I missed this in the confusion. He never actually admitted the hand was his. He claimed that "he didn't 'recall' using a spray", he couldn't quite ID his clothing in the video, and that it was a specific kind of recording device.

It's getting confusing out there...

Philly Proud Boy testifies at seditious conspiracy trial that he doesn't 'recall' if he used pepper spray on officers on Jan. 6

Interesting that he couldn't remember his hand but knew about the recording device. He's mincemeat!

 

[Hans Blaster]

Interesting that he couldn't remember his hand but knew about the recording device. He's mincemeat!

If your going to tell tales on the stand in your defense you need not only to be consistent, but not give multiple "excuses" that make each other impossible. As you note, you can't know what the object is (not weapon) and claim you don't remember spray with it. I think part of the problem (lost to me in the confusion of the out of order reporting when the media room was closed) is that the DOJ first asked him to identify the person they think is him in footage without the apparent attack and he used the clothing recognition excuse. (It was a trap Zach.) Then he compounded it.

His options seem to have been (when the spray part of the video came up):

1. Admit that it was him and that he did spray. (The "Perry Mason") A testimonial confession and turn on his co-defendants might have earned him some credit with the jury, or maybe even a mid-trial deal, but I wouldn't count on it.

2. Continue to claim he didn't recognize the person as himself and claim "I can't quite tell what that guy is doing. I didn't have any spray or use one."

3. Admit the person was him, but insist that it was the recorder and he didn't have a spray. (Even if it is a lie, it doesn't really matter. If he did use a spray, he'd already lied about not being violent.)

I mean, "I don't recall" using a spray? Really? Just lie about it dude. Say you didn't have one or use one. The images are shaking and fuzzy. The "spray" is hard to see and you're not specifically charged with it.

 

[Hans Blaster]

The PBs aren't the only ongoing trial. Two more are in jury selection, plus another for a "Christopher Alberts" is in the defense case. Like in the PB case, Alberts took the stand in his own defense. If anything it went worse for Alberts:

In addition to attacking police officers near the top of the Capitol terrace steps using a wooden "pallet", Alberts is also charged with multiple fire arms charges for the gun he was carrying. His cross-exam went like this:

“There was a bullet in the chamber?”
“Yes sir.”

Oh well.

h/t to ryanjreilly on Twitter and NBC.com

Gun-toting Jan. 6 defendant says 'instinct took over' when he charged police line with wooden pallet

and this video still. Alberts is the guy with the camo backpack. Guy Reffitt is the guy in the blue jacket who *also* had a gun. (He got 87 months [7 y, 3 m] for civil disorder, obstruction of congressional proceedings, possession of a fire arm at the Capitol, and threatening a witness [his teen son].) The other three on the upper stairs are cops.

View attachment 330203

Jury didn't have a hard time. Spent all day and part of the afternoon in deliberations:

Capitol rioter armed with gun on Jan. 6 is found guilty on all charges

A Jan. 6 rioter who admitted he was armed with a concealed gun during the attack on the Capitol was found guilty Wednesday on all nine charges he faced.

Christopher Alberts, of Maryland, was arrested with a weapon on the night of Jan. 6 after having spent several hours on the Capitol grounds.

 

[Whyayeman]

Jury didn't have a hard time. Spent all day and part of the afternoon in deliberations:

Capitol rioter armed with gun on Jan. 6 is found guilty on all charges

A Jan. 6 rioter who admitted he was armed with a concealed gun during the attack on the Capitol was found guilty Wednesday on all nine charges he faced.

Christopher Alberts, of Maryland, was arrested with a weapon on the night of Jan. 6 after having spent several hours on the Capitol grounds.

I am a bit surprised that he is still on the outside. He should be regarded as a flight risk.

Any time he did before sentencing would count as part of the overall time to serve.

 

[Hans Blaster]

I am a bit surprised that he is still on the outside. He should be regarded as a flight risk.

Unless you have mad digital skills or are willing to live completely off the grid or are willing to flea to a non-extradition country successful flight is tricky. He doesn't seem the type.

Any time he did before sentencing would count as part of the overall time to serve.

This is true.

 

[Whyayeman]

Unless you have mad digital skills or are willing to live completely off the grid or are willing to flea to a non-extradition country successful flight is tricky.

He needn't go abroad. America is a big place. Hiding would be stupid. Oh.

 

[DaisyDay]

*flee not flea - that bothered me but it took a while to remember why.

 

[essentialsaltes]

Rasmussen Poll - J6 Videos: 65% Now Suspect Feds Provoked Riot​

The latest Rasmussen Reports national telephone and online survey finds that 65% of Likely U.S. voters think it’s likely that undercover government agents helped provoke the so-called J6 riot, including 46% who say it is Very Likely. Twenty-six percent (26%) don’t believe it is likely the riot was provoked by government agents, including 12% who think it is Not At All Likely. In late February, before Carlson aired the videos on Fox News, 61% thought it was likely undercover agents played a role in provoking the J6 riot.

 

[Hans Blaster]

Rasmussen Poll - J6 Videos: 65% Now Suspect Feds Provoked Riot​

The latest Rasmussen Reports national telephone and online survey finds that 65% of Likely U.S. voters think it’s likely that undercover government agents helped provoke the so-called J6 riot, including 46% who say it is Very Likely. Twenty-six percent (26%) don’t believe it is likely the riot was provoked by government agents, including 12% who think it is Not At All Likely. In late February, before Carlson aired the videos on Fox News, 61% thought it was likely undercover agents played a role in provoking the J6 riot.

Rasmussen has lost whatever credibility they ever had.

 

[Hans Blaster]

PB case update:

The defense rests.
The prosecution rests.
The judge is giving jury instructions.
Closing arguments to come later today and continue to Monday.
Jury should get the case on Monday after about 60 days sitting in court.

 

[essentialsaltes]

Jan. 6 Defendant Opens Fire at Cops Making Welfare Check on Him after he Fails to Turn Himself in​

A Texas man facing charges over the Jan. 6 Capitol riot fired on local deputies as they tried to perform a welfare check the day he was scheduled to surrender to the FBI, federal prosecutors said on Thursday. Nathan Pelham, 40, was arrested in connection with the shooting earlier this week and charged with one count of being a felon in possession of a firearm.

 

[NxNW]

Jan. 6 Defendant Opens Fire at Cops Making Welfare Check on Him after he Fails to Turn Himself in​

A Texas man facing charges over the Jan. 6 Capitol riot fired on local deputies as they tried to perform a welfare check the day he was scheduled to surrender to the FBI, federal prosecutors said on Thursday. Nathan Pelham, 40, was arrested in connection with the shooting earlier this week and charged with one count of being a felon in possession of a firearm.

Another example of Biden's agents framing innocent citizens.

 

[DaisyDay]

Another example of Biden's agents framing innocent citizens.

Hey, he's standing his ground!!

 

[Hans Blaster]

PB case update:

The defense rests.
The prosecution rests.
The judge is giving jury instructions.
Closing arguments to come later today and continue to Monday.
Jury should get the case on Monday after about 60 days sitting in court.

Looks like one more day in court before the Jury goes to do their work. I must have posted this in the brief window where Judge Kelly wavered away from his preference to hold closings until Monday morning.

The government made its closing this morning, two of the defendants this afternoon.

There are three more defendants to close tomorrow and a short rebuttal from the government, but the jury should get the case on Tuesday afternoon and begin deliberations.

 

[essentialsaltes]

Proud Boys blame Trump as defendants prepare to find out ​

An attorney for Enrique Tarrio, the head of the Proud Boys, said federal prosecutors were trying to make him a "scapegoat for Donald J. Trump and for those in power." A lawyer for Joe Biggs said the defendants came to Washington because their "commander-in-chief" told them it would "be wild," referring to Trump's infamous tweet on Dec. 19, 2020, that called on supporters to come to Washington on Jan. 6.

“‘Be there, it’s going to be wild,’ the commander-in-chief said. And so they did,” Norm Pattis, an attorney for Biggs, told jurors, adding that “their commander-in-chief sold them a lie.”