Ethan Nordean Case Update,m

Nordean went off on Donald Trump - no really Nordean is thrashing around throwing so many unfounded accusations towards prosecutors that it’s mind boggling

Ethan is having a bad few months

“We are now and always have been on our own. So glad he was able to pardon a bunch of degenerates as his last move and s--- on us on the way out… "F*CK TRUMP!… F*ck him more than Biden. I've followed this guy for 4 years and given everything and lost it all."F--- you trump you left us on [t]he battle field bloody and alone." 

On April 29, 2021 NOTICE of Government's Violation of the Due Process Protections Act and Local Criminal Rule 5.1 by ETHAN NORDEAN via ECF;

https://ecf.dcd.uscourts.gov/doc1/04508490253 or a highlighted and annotated copy can be via my public drive

Notably in NORDEAN’s motion he cites the March 4th minute order which reads in part - Brady and it’s progeny cover exculpatory evidence (which means it’s favorable to the Defendant);

requiring the government to comply with the provisions in Local Criminal Rule 5.1. The order states that “the failure to comply could result in dismissal of the indictment or information, dismissal of individual charges, exclusion of government witnesses, continuances, bar discipline, or any other remedy that is just under the circumstances.”

NORDEAN goes on to argue that the Government violated the Court’s order governing Brady material but in my opinion he conflated exculpatory and inculpatory evidence, the latter the Government pushed back (see May 13, 2021 Government Response to Nordean’s Motion)

“This FBI affidavit for Biggs, its of course a steaming pile of dog shit that tries to make it seem like the capital shit was planned”

And his attempts to downplay his role and that of other Proud Boys is just unseemly and offensive

“Just a bunch of guys getting excited and obviously not planning shit. Said anyone who yelled provocative shit will probably get charged but good luck making it into conspire whatever…

The fearless GOP-QANON-MAGA Kevin McCarthy - his conference continues to embrace Donald Trump, QANON, spreads disinformation with a near hourly dose of gaslighting. Does Kevin ‘GOP-QANON’ McCarthy think Americans are stupid? That we can’t see through his disgusting hypocrisy and blatant lies? The ‘GOP-QANON’ no longer have the privilege of the “Back the Blue” or “Rule of Law” or “Law and Order” political party. No you recalcitrant hypocrites you are forever and indelibly stained as the Party of QANON

Kevin McCarthy @GOPLeader

The men and women of Capitol Police work tirelessly to keep us safe every single day. To all the officers out there: please know you ARE making a difference. You ARE helping people. We, the American people, APPRECIATE your tireless work to keep us safe. https://t.co/99UtyJWmR8

- I had to stop watching Kevin QANON McCarthy’s broadcast because the hypocrisy of it all is insane. So I made a super cut video of what the House GOP-QANON did/said this week¹.

Back to Defendant Nordean’s April Motion - the essence of his Motion is these Telegram chats some how are exculpatory and that prosecutors engaged in prosecutorial misconduct by violating local LCrR 5.1(a)² and the aforementioned March 4th minute order…

Nordean, “I think you’d be in less trouble than me . . . They could take the time to make us ‘domestic terrorists’ but we are so not [that] I think it’s actually not worth the legal gymnastics,” to which Nordean concurs..

Again Nordean’ s April 29, 2021 Motion can be found - via ECF https://ecf.dcd.uscourts.gov/doc1/04508490253 or a highlighted and annotated copy can be via my public drive

May 13, 2021 Government’s Response

REPLY by USA as to ETHAN NORDEAN re 79 Notice via ECF https://ecf.dcd.uscourts.gov/doc1/04508522279 or a highlighted & annotated copy can be found on my public drive

Now I’d like to draw your attention to the Government’s response because the following paragraphs actually matter -I had to reread Nordean’s Motion because I was struck that the Defendant failed state any kind of relief - that in of itself should tell you the veracity of Nordean’s Motion or lack thereof. Particularly important when you read page one, the second paragraph. Note what I’ve highlighted and underlined - it matters, a lot

BRA permits the reopening of a detention hearing when new information has a “material bearing on the issue” as to whether a defendant should be subject to detention. 18 U.S.C. § 3142(f) ³The defendant has not sought to reopen the hearing, and there is no reason for the Court to consider doing so here. As explained below, the information provided in the notice does not have a “material bearing on the issue” of detention and as such does not provide a basis to reopen the detention hearing.

One thing you have to remember is at the onset the parties agreed to provide discovery on a rolling basis. This is an equitable accord for all parties, mainly because it allows the defense (and prosecution) proper case management, versus waiting for collective discovery dumps. Moreover (as the government reiterates) during the April 6th Detention Hearing the Government provided:

• 1,500 pages of Telegram messages

• 43 pages of text messages, and

• several hours of video footage that depicted the defendants in and around the Capitol on January 6.

Oh and in the Government’s response to Nordean’s Motion - I now refer you to page 2 and 3 which read in part:

• April 29, 2021, the government produced to defendant Nordean eleven (11) strings of text messages, totaling over 5,000 pages, that contained the terms “Ministry of Self-Defense” or “MOSD,” and that were recovered from defendant Nordean’s phone

• April 30, 2021, a full copy of an extraction from defendant Nordean’s phone was produced to Nordean’s counsel. That production included approximately 1,172 Telegram message strings (totaling over 1.3 million messages). -emphasis added

• the extracted text of the Telegram messages in Nordean’s phone runs over 204,000 pages when printed in .pdf format… does not include any of the images, audio, or video files that are associated with the message strings

Oh well hello WhatsApp and Signal…

In addition to the Telegram messages, the phone contains hundreds of other communications using other platforms, including other encrypted platforms such as Signal and WhatsApp.

And this page - well it speaks for itself and doesn’t require my snarky commentary but one thing that I noticed is in Nordean’s Motion (specifically pages 6 & 7) he didn’t redact the phone numbers used in the Telegram Chat. There is a standing protective order in place and I don’t know what the Government produced on April 29, 2021 to Defendant Nordean other than what Nordean included but like I said I’m paid pretty well for paying attention to tiny details. Conversely it is entirely possible the Government didn’t redact Nordean’s cellphone number so it might not be a violation of the protective order (see pages 10 & 11 of the Government’s Reply Brief)

Not to rehash past discussion but we have previously discussed that UCC1 is un-indicted co-conspirator, Person 1 is likely Stewart Rhodes and Henry is the Chairman. I genuinely think Henry turned on all the Proud Boy’s leadership because rat f__ker is a rat f__ker who’s previously been an FBI informant

I mean talk about Nordean being unhinged- his salty tears are delicious. You big dummies you thought your Lordt & Cheesus would issue a blanket pardon - how adorable of you. Also your tears of regret and rage are delicious- cry more you domestic terrorist - cry more

Remember when the Court stated that there was no reasonable assurance that Nordean et al wouldn’t plan future attacks? Well I now refer you to page 10 - look at the dates and context of what Nordean messaged - they were planning a February 2021 meeting with Pacific NorthWest Proud Boys for another attack

YUTYUY COWABUNGA… nope read it

To wit Nordean/PanMan responded;

“Yeah, this is just to organize and prepare for when we do decide to get active again. At the very least there’s lots of good excuses to just get out and do meet n greets with the public, raise money, community service, security for events etc... but we can work on an effective process so we look more organized and have properly vetted members who are representing the club[.]”

the last page of the Government’s response is really important because it puts both content into accurate context, which when you read it makes Nordean’s responses clearly inculpatory and not exculpatory (think Brady and it’s progeny)

Again you can read the REPLY by USA as to ETHAN NORDEAN re 79 Notice via ECF https://ecf.dcd.uscourts.gov/doc1/04508522279 or a highlighted & annotated copy can be found on my public drive

-Filey

1. QANON-GASLIGHTING TOUR https://file411.substack.com/p/the-go...https://file411.substack.com/p/the-re... Last month I wrote this article because it’s true - the GOP-QANON party stands for nothing - meaning they stand with Donald Trump - ergo they stand for absolutely nothing https://file411.substack.com/p/book-i...

2. DDC Federal Criminal Rules of Procedure, - DDC

Local Rules of the U.S. District Court for the District of Columbia (07/15/2019)

Supplement to Local Rules (Updated 1/2021)

3. 18 U.S.C. 3142 - Release or detention of a defendant pending trial which reads in part:

18 U.S.C. § 3142(f) -which reads in part;

DETENTION HEARING.—“The judicial officer shall hold a hearing to determine whether any condition or combination of conditions set forth in subsection (c) of this section will reasonably assure the appearance of such person as required and the safety of any other person and the community…”

A highlighted copy - found here or you can access via the Government Printing Office - last visited May 14, 2021 - https://www.govinfo.gov/content/pkg/USCODE-2011-title18/pdf/USCODE-2011-title18-partII-chap207-sec3142.pdf