Proud Boys J6 Case Upended By Hidden FBI Messages Judge Calls ‘Much Ado About Nothing’

Monday’s interrogation of witnesses regarding the bulk of the case was stopped by a federal judge FBI Unintentionally disclosed messages during the trial Proud Boys Leaders over the January 6 Capitol riot.

After defense attorneys began questioning one witness last week about FBI messages they claim contain classified information, the messages caused quite a stir. POLITICO. Defense lawyers claim that prosecutors might be trying to conceal information detrimental to their case behind classification obstacles.

The government’s seditious conspiracy case against five Proud Boys leaders – Joe Biggs, Ethan Nordean, Dominic Pezzola, Zachary Rehl, and Enrique Tarrio – is one of the most important trials surrounding the January 6 riot, prosecutors say. Prosecutors handed over thousands more messages to FBI Special Agent Nicole Miller (one of the leading investigators into possible Proud Boys involvement in the January 6, breach), which had already been delayed numerous times.

The unintentional disclosure was caused by prosecutors sharing a file of messages from the FBI’s secure message system. It related to Miller’s questioning. Miller sent the messages to the prosecution first. The FBI’s secure messaging system filter picked up messages that were not relevant to the case. These messages were accidentally left in “hidden” Rows of an Excel spreadsheet were turned over to defense lawyers.

After Nordean’s defense lawyer, Nicholas Smith began, the unintentional disclosure was made public Thursday. cross-examining Miller regarding the messages. Prosecutors protested and U.S. District court Judge Tim Kelly dismissed the jury so that prosecutors and defense could come to an agreement.

Defense attorneys claim that the messages suggest that the FBI committed serious misconduct in the Proud Boys case. Defense attorneys pointed out a conversation Miller had with another agent about the decision of one defendant to challenge the government’s charges. Miller learned of the defendant’s decision through messages that Rehl had sent to his lawyer. Defense attorneys believe this suggests that Miller has violated the attorney-client privilege.

Another message that defense attorneys considered suspicious was a request from an FBI agent for his name to be omitted in a report regarding a meeting between a confidential human source and an FBI agent’s opinion on the strength the prosecution’s case against Proud Boys. There was also discussion of an order destroying 338 pieces.

In a Sunday filing, the prosecution answered questions regarding the messages. Judge Kelly was present Monday. Blockade Miller was not questioned by the defense on any of the messages. They called it a kerfuffle about the mislaid communications. “much ado about nothing” If the explanations given by prosecutors are correct.

Kelly allowed Kelly to question the FBI agent, who asked for his name to be removed from a report regarding a meeting with an FBI source. Kelly blocked any questioning regarding the other concerns, unless defense lawyers could present persuasive arguments to refute the Justice Department’s claims concerning the hidden messages.

Sunday’s statement by the Prosecutors was in an 18-page document Filing The defense team’s main concerns are not merit-based and each “poses a substantial risk of confusing the jury and unfairly prejudicing the government.”

Rehl was accused of violating attorney-client privilege. The Justice Department claimed that Rehl waived his Sixth Amendment rights as a result of the conversation “took place over a monitored jail email system that was subject to routine monitoring, which was made known both to the inmate (who had to sign an acknowledgment upon registration and click an acknowledgment each time he used the system) and to the attorney.”

The FBI agent’s assessment of case against defendants under previous court rulings was dismissed by the prosecutors. “As the Court has already explained, it is improper for counsel on either side to elicit testimony about an agent’s opinion on the strength of the evidence,” According to the filing.

The Justice Department stated that the conversation regarding the destruction of evidence was part of a 20-year old multi-codefendant trial, and not a malicious attempt at destroying evidence related to January 6.

Prosecutors claimed that the FBI agent who requested the editing was misunderstood.

Nordean’s attorney Smith filed a Motion On Sunday, questions were raised about the thousands of messages the Department of Justice had removed from its Excel spreadsheet.

“From Proud Boys J6 Case Upended By Hidden FBI Messages Judge Calls ‘Much Ado About Nothing’“

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