Charles Donohoe - Criminal Case Update
On March 26, 2021 the Government filed MEMORANDUM OF LAW IN SUPPORT OF PRE-TRIAL DETENTION as to Defendant Donohoe
Superseding Indictment refresher:
In the first superseding indictment—Ethan Nordean, Joseph Biggs, Charles Donohos and Zachary Rehl were each charged with; 18 U.S.C. § 371 -conspiracy, 18 U.S.C. §§1512(c), 2; -obstruction of an official proceeding and aiding and abetting, 18 U.S.C. §§ 231(a)(3), 2 -obstruction of law enforcement during a civil disorder and aiding and abetting, 18 U.S.C. §§ 1361, 2 -destruction of government property and aiding and abetting, and 18 U.S.C. § 1752(a)(1) and (a)(2) -unlawful entry and disorderly conduct
Defendant Charles Donohoe, Pretrial Detention or not:
Late on March 26, 2021 the Government filed a: Memorandum in Support of Pretrial Detention (via ECF or via my public drive) of Defendant Charles Donohoe. If you are wondering if the Government has singled-out Defendant Charles Donohoe, I can assure you that is not the case (pun not intended)—since the first superseding indictment was unsealed the Government has swiftly moved to revoke Nordean and Biggs bond and timely filed Pretrial Detention motions, as appropriate.
The Government disclosed that shortly after the attack, Defendant Donohoe took to Telegram and celebrated. He posted the following messages, the January 6 attack made him “feel like a complete warrior” and he further bragged by posting the following message; “We stormed the capitol unarmed […] And we took it over unarmed” -not to parse words;
”…a complete warrior” underscores the Proud Boys rally cry and overt desire to start a civil war
“we” in the context (and content - which are not mutually exclusive) infers a group but specifically the Proud Boys
I personally think that Defendant Donohoe will likely latch on the disclosure made in the second paragraph on page 1- which reads in part:
“Although the government does not currently have evidence that Donohoe actually entered the Capitol building on January 6, these statements in celebration of the accomplishments of the group underscore the danger of a man like Donohoe…”
Of note the Government is seeking detention pursuant to 18 U.S.C. §§ 3142(e) and (f) for a detention hearing and pretrial detention of the Defendant. I’ve red-lined the relevant section and subsections
But the Government also proffered something new - I now refer you to page two, first paragraph and then page 8 - Which reads in part:
“….the Defendant’s repeated efforts to destroy electronic evidence reveal plainly the Defendant’s knowledge of his and others’ culpability and his intent and efforts to obstruct the due administration of justice in this case.”
Defendant Donohoe’s paranoia about Henry “Enrique” Tarrio might have been the smartest thing he did but predictably Donohoe completely freaked out.
I could be wrong but I do believe this is the first (proffered by the Government) photographic evidence of Defendants Donohoe and Pezzola
I now draw your attention to page 6, the second paragraph. If we take the Government’s Filing as unassailable facts. The second paragraph means that Defendant Donohoe was aware of both the National Guard and DHS —which is incredibly problematic.
Not to belabor this point - as I believe this is actually important, the Government disclosed that Defendant Donohoe posted on Telegram at 3:38PM (military time that’s 15:38) presumably “short lived” implies a relatively short period of time. Perhaps the question should be;
did any members of the Proud Boys, specifically any of the names defendants given any communication(s) from anyone in the;
Department of Defense and/or
Department of Homeland Security or
more broadly the Trump Administration and/or Trump’s Political Campaign or any PACs and/or SuperPACs
One datapoint is that DHS never deployed any agents to the Capitol on January 6, 2021 and widespread reporting indicates that (then) Vice President Pence authorized the full deployment of National Guard, not Trump. Because Trump was excited watching his radicalized followers “invade” our Capitol —because his supporters believed Trump & his obsequious sycophantic surrogates “big lie” - moreover common sense dictates that you can’t “stop the steal” when nothing was stolen.
One possible explanation is Defendant Donohoe was tracking breaking news but based on my preliminary research most mainstream media outlets didn’t publish the National Guard deployment until close to 4:45PM.
I would now like to draw your attention to page 9 of the Government’s Filing —there it is. The one sentence I’ve been waiting for;
Because the Defendant and Pezzola conspired together (and with others), the Defendant is substantively liable for the destruction Pezzola wrought with his stolen riot shield—even if the two are not charged in the same conspiracy.
I do think the Government makes a convincing argument that Defendant Donohoe cannot rebut the presumption in favor of detention, as prescribed by 18 U.S.C. § 3142(e)(3)(C)… the Government argues that the rebuttable presumption applies to Donohoe because destruction of government property in violation of 18 U.S.C. § 1361, is specifically enumerated in 18 U.S.C. § 2332b(g)(5)(B), It’s possible I’m reading that incorrectly but §2332b(g)(5)(B) falls under terrorism.
Again ICYMI - March 26, 2021 the Government filed a: Memorandum in Support of Pretrial Detention (via ECF or via my public drive) as to Defendant Charles Donohoe.
Based on “space” constraints of this newsletter setting, I simply ran out of room to combine the updates in Defendants Nordean, Bigg and Rehl - look for a separate article, forthcoming shortly. But for now you’re caught up on Defendant Donohoe’s case.
More files incoming -Filey
March 2021 First Superseding Indictment as to Nordean, Biggs, Rehl and Donohoe
On March 3, 2021 a grand jury in DC handed down an indictment as to Defendants Nordean and Biggs
MOTION to Revoke Pretrial Release by USA as to ETHAN NORDEAN (filed 3/20/21) NEW EVIDENCE Encrypted Chats, Found Here
On February 13, 2021 I noted the DOD’s January 8, 2021 the Department of Defense (DOD) and embedded the Jan 8th document. My assumption is the DOD wanted to accurately memorialize the chain of events on their end in response to the Jan 6th insurrection. Found here.
On March 3, 2021 again I highlighted & embedded the DOD’s January 8, 2021 Memorandum-Timeline of Jan 6th, listening to Major General Walker’s testimony helped clear up a few fuzzy details.
Eric Munchel and Mom may be released from pre- trial detention.Yesterday the federal appeals court issued a decision that troubles me, if not defeated it would raise the burden of proof to keep guys like Munchel locked up prior to trial. As we know on Jan 6 he breached the Capital with a taser strapped to his leg and claims to have "found" " the handcuff style zip ties inside the capital building, sure he did, no intent or preplanning, yet he was dressed in para military pants, shirt and vest as he leaped over chairs in the Capital: to my eye he came there on Jan 6 to detain or kidnap one of our legislators had they not narrowly escaped to safety. He and Mom are still detained while the government prepares a response to justify
(again )as to why the two should remain behind bars prior to trial . Eagerly waiting your analysis on this: the government chances at prevailing and the effect this could have on other cases of pretrial detainment if the government does not prevail. "Zip Tie Guy" really upsets me in particular, I guess we all have our insurrectionist "favorites" LOL. BTW, I have followed you for years, wherever you have traveled to when the Twitter trolls swarmed and seemed to develop indigestion from too truthful spicey content..and deeply appreciate your hard work analysis of these ongoing court cases as we hopely see the government move up the legal food chain from smaller fish to the orange hate goblin himself. Speaking of food, Instapots rock.
As ever! Thanks for keeping the tangled mess of Jan 6 Insurrection comprehensible from a legal process perspective, Filey! Invaluable!