Dear Joe, Ethan, Zach & Chuck - I heard your superseding indictment was partially unsealed.
Government's MOTION to Unseal Superseding Indictment and Related Documents by USA as to ETHAN NORDEAN
So yesterday I briefly touched on the fact that Zach Rehl & Charles Donohoe were both arrested. See article here.
Back in February I walked you through the Ethan Nordean criminal complaint, found here. Thereafter I also walked you through the Nordean Search Warrant, found here. And then I walked you through Nordean being RoR’d, found here.
March 15, 2021 Defendant Nordean filed
MOTION for Bill of Particulars as to Count Two of the Indictment by ETHAN NORDEAN. (ECF)—In Nordean’s motion he wants the Government to provide additional evidence and/or clarify Count Two - I am fairly certain “the man” is either Biggs, Rehl or Donohoe… but then Nordean later contends “the man” is Robert Gieswein
“…The content of the exchange was unalleged, as was the relationship, if any, between Nordean and the man. Later, at some unspecified point in time, that man climbed through a broken window of Congress. The complaint alleged that the window had been broken previously by a second man. It did not allege that Nordean took any action to facilitate the breaking of the window or the first man’s decision to climb through it. Although a § 1361 offense becomes a felony only when damage to federal property exceeds $1,000, the complaint did not allege that the damage exceeded that threshold…
And while I agree with a portion of of Nordean’s argument - this is tantamount to Defense Strategy gamesmanship. Obviously I disagree with Chief Judge Howell’s decision to release Nordean but I respect the reasoning in her Memorandum.
To be fair it is really easy to be overly critical of the DOJ Prosectors, but the reality is none of us know the details of their case and ongoing investigation. And that’s kind of important to remember- particularly the “ongoing investigation” aspect
With respect to Nordean’s Bill of Particulars his argument is centered around “liability” —while a semi-novel argument —I think the “liability” argument might have legs but in my opinion it’s not exactly a strong or persuasive argument.
Moreover if you read the footnotes closely - you can actually ascertain what his defense strategy will be -going forward - in short “so what I’m a loud and proud member of the Proud Boys” —because my beliefs are innately protected by the First Amendment and I am willing to bet the second part of Nordean’s argument will include: “Right to Petition for Redress of Grievances“ at least that’s what I would do if I was his defense attorney (but I’m not an attorney)…
What is curious is why would Nordean - essentially engage in the process of elimination of identifying “a man” other than this forced the Government’s hand to arrest Rehl and Donohoe - but what’s interesting to me is Nordean’s filing oddly confirms the conspiracy of Proud Boys and the January 6, 2021 deadly insurrection.
And certainly Nordean continues to argue that he didn’t lead a group of Proud Boys or Oath Keepers or III percenters- but you should watch this video closely because Biggs, Pezzola, Geiswein, are all in this group chanting “who’s streets, our streets”- no really watch the video and frame by frame you will find the aforementioned defendants plus nine others…
Because tucked in on page 10 is what I’d argue the real motivation for Nordean’ s Motion for Bill of Particulars - he wants to know the identity of the other co-conspirators… which is actually reasonable
Because the Government proffered a vague theory of how Nordean actually damaged US Property - his defense team timely and properly filed a Motion for Bill of Particulars. Again that’s not me defending Nordean. That’s me being objective and intelligent honest to say this is a proper filing.1
This feels like a freaking eternity waiting for the Government to finally charged Zach Rehl - dude was caught on Camera smoking inside (I believe) Speaker Pelosi’s conference room. Government Motion to Unseal via ECF 2
But the thing is the superseding indictment hasn’t been unsealed… so I sit and wait and angrily hit my ECF refresh button
See DDC docket report via ECF or via my public drive - like I said so I’ll just be sitting here hitting my refresh button because I want to read the superseding indictment… stop toying with me - just give me the SR1 and everyone can be happy