Kyle Fitzsimmons, case update hearing July 19th & DOJ newest Disclosures & DDC July 8th DDC Order RE Deloitte

There are investigations open in 55 of the Federal Bureau of Investigation’s 56 field offices. With >535 Defendants and counting

To be clear -I’m not giving the FBI and more broadly the DOJ a wholesale pass. I have been critical of both entities, but as it relates to the sprawling and ongoing criminal investigation into January 6, 2021 —I will throw down and go to the mat for both the FBI and DOJ. This investigation is massive and the only way to quantify how massive, one need only read the various Notice of Discovery Motion(s) timely filed by the Government.

I understand the we are preconditioned to the “immediacy” of things — as a society we’ve been preconditioned to want and demand things. The colloquially known ”instant gratification society” isn’t compatible with the mechanics of our criminal justice system. The “I want it now” entitlement—that is not how or ever our DOJ works. Period.

Actual facts matter, or at least they should. Whereas the opinions of the uninformed should be thrown out for the Le Garbage it is and discarded with all due haste. The fact it continues by the QAnon-for-the-left and QAnon isn’t surprising but nonetheless it is antithetical to real American values and freaking dumb and intellectually exhausting. Simply because some Twitter users want the clicks, have zero idea what they are tweeting about or the actual mechanics of the criminal justice process.


ICYMI - January 23, 2021 FITZSIMONS’ linked to suspicious package


On January 23, 2021 Portland, ME Police released via their social media accounts (see Facebook Press Release or see Twitter Account of Portland, ME Police Department) a “person of interest” who left a “suspicious package” at the Portland Art Center/Museum. Their press release reads in part:

The contents of the package can be described as concerning and a criminal investigation is currently underway to determine who placed the package and their motivation for this act. The word “BALM” was spray painted on the sidewalk. We are not releasing any further information regarding the contents of the package at this time.

A review of surveillance video captured a light colored pickup truck turning from High Street onto Free Street and park near the museum just before 11:00 AM. The man driving the truck then carried the package to the museum, placed it in the vestibule and left driving down Free Street.


I am presently playing the “catch up game” surrounding this case. To date I have not seen the Federal Government cite this ongoing State & Local Criminal Matter as to Defendant FITZSIMONS—the reason the January 23, 2021 date is actually important - On February 4, 2021 I explained https://file411.substack.com/p/kyle-fitzsimons-charged and embedded two videos — but more importantly I believe just days after Defendant FITZSIMONS called into the City Council meeting (I previously assumed it was January 7, 2021 - according to the Portland City website Defendant FITZSIMONS comments occurred during the Jan 20th hearing, where he continued to downplay his own disturbing acts of violence against numerous law enforcement officers)

A few days ago the Government docketed a “notice of discovery” which by the way is absolutely normal SOP. I really don’t give a ___ about one’s “opinion” might be, after all everyone has an opinion. What I do care about are the facts disclosed in the public docket. There’s nothing super secret about this or these court documents.

If you have a PACER account you can access the facts or you can wait for someone (like me) to upload the documents. But it’s none of my business that you keep tweeting threads of 28K sealed indictments. QAnon-for-the-Left is the other side of the QAnon horseshoe, because your followers are either fully indoctrinated by your nonsense or they will believe pigs actually fly or possibly both. To be clear yes I’m saying there are QAnon for the right and left. Be smart and tune these agents of disinformation and misinformation out, they won’t lead you to nirvana of fact-landia —Nope they are banking on the idea that you trust their (routinely flawed) prognosticators of nonsense.

https://ecf.dcd.uscourts.gov/doc1/04508638805 - either spend the money or at least read an open source link to the facts.


Defendant Kyle Fitzsimmons

Back in early February 2021 (shortly after I created this Substack newsletter) I walked you through - not only the YouTube videos where he called into his City Council’s meeting but I also walked you through the Statement of Facts in the Affidavit

Admittedly I forgot about this case because at the time the DOJ was unsealing an average of three criminal complaints a day and I just didn’t have the bandwidth to track all the cases. Because I’m only one person and writing-tweeting isn’t my full time job. But I am growing increasingly pissed off at the “I want it now” mentality because if you understand the criminal justice system then you know that sometimes you have to wait.

Relevant Court Documents February to Present

  • https://www.justice.gov/usao-dc/capitol-breach-cases

  • see Kyle Fitzsimons’ DOJ Case file

  • February 26, 2021 Kyle Fitzsimmons’ Ten Count Indictment (DDC-ECF) he is looking at a maximum sentence of 74 Years if convicted on all ten counts, see below for each count charged in the indictment and statutory punishment. The best thing Kyle FITZSIMONS can do is negotiate a plea agreement.

    • Obstruction of Law Enforcement During Civil Disorder -18 U.S.C. § 231(a)(3)) Sergeant A.G. - 5 year max

    • Obstruction of Law Enforcement During Civil Disorder -18 U.S.C. § 231(a)(3)) Detective P.N. -max 5 years

    • Obstruction of an Official Proceeding and Aiding and Abetting, in violation of Title 18, United States Code, Sections 1512(c)(2) and 2 with a max of 20 years

    • Inflicting Bodily Injury on Certain Officers (18 U.S.C. § 111(a)(1), and (b)) Sergeant A.G. max 20 years

    • Inflicting Bodily Injury on Certain Officers (18 U.S.C. § 111(a)(1), and (b)) (Detective P.N.) max 20 years

    • Entering or Remaining in any Restricted Building or Grounds (18 U.S.C. § 1752(a)(1)) max 1 year

    • Disorderly and Disruptive Conduct in a Restricted Building or Grounds (18 U.S.C. § 1752(a)(2) max 1 year

    • Engaging in Physical Violence in a Restricted Building or Grounds (18 U.S.C. § 1752(a)(4)) max 1 year

    • Disorderly Conduct on Capitol Grounds -40 U.S.C. § 5104(e)(2)(D) max 6 months

    • Act of Physical Violence in the Capitol Grounds or Buildings -40 U.S.C. § 5104(e)(2)(F)) max 6 months

  • March 18, 2021 MEMORANDUM in Support of Pretrial Detention by USA as to Defendant KYLE FITZSIMONS (DDC-ECF or see Scribd link) page 9 is brutal it’s a Jan 5th test from the Defendant’s soon to be ex wife

  • April 19, 2021 - MOTION for Disclosure OF GRAND JURY MATERIALS by USA as to KYLE FITZSIMONS. (See DDC-ECF or see Scribd Link) —take note of what I redlined, it’s important and puts the July 12, 2021 Discovery Disclosure (the proximity of interrelated defendants) into shaper context.

  • April 25, 2021 - ORDER OF DETENTION PENDING TRIAL - Defendant Held Without Bond as to KYLE FITZSIMONS (1). Signed by Magistrate Judge G. Michael Harvey

  • June 25, 2021 -RESPONSE TO APPLICATION REGARDING VIDEO EXHIBIT RELEASE (see DDC-ECF or see Scribd link),



July 12 2021 Massive Discovery Disclosure(s)

Part of the standard process and governed by the Federal Rule of Criminal Procedure (see June 2021 DDC Local Rules-Federal Criminal Rules of Procedure - criminal starts on page 131) -this is why one should read every page of filings uploaded to the public docket because the Government made several disclosure to the public in their July 12, 2021 Memorandum Regarding Status of Discovery by USA as to KYLE FITZSIMONS (see DDC-ECF or pull down from Scribd Link) - please pay attention because I think the following is important to understand in advance of his July 19th Hearing. Discovery Disclosure reads in part:

  • GEOFENCING Location history data for thousands of devices present inside the Capitol (obtained from a variety of sources including two geofence search warrants and searches of ten data aggregation companies) gosh who knew, me slowly raises hand and them slaps my forehead.

  • at least 237,000 digital media tips;

  • Subscriber and toll records for hundreds of phone numbers; Cell tower data for thousands of devices that connected to the Capitol’s interior Distributed Antenna System (DAS) during the Capitol Breach (obtained from the three major telephone companies);

Raises hand to say - some of you know in my former work-life I helped build the DBA (bidirectional antennas) which ensures the Capitol had/has cellular service, primary, secondary, tertiary and if needed old school analog via certain analog frequencies. 1 Don’t even get me started on the old school PCS Spectrum “network”

  • collection of over one million Parler posts, replies, and related data;

  • collection over one million Parler videos and images (approximately 20 terabytes of data)

  • May 28, 2021, the government disclosed 111 body-worn camera videosfrom the lower west terrace of the U.S. Capitol, and an additional seventy-six (76) items were disclosed via the informal discovery process from the FBI casefile on July 1st, 2021.

  • We have also already arranged six opportunities for defense counsel and an investigator to walk through the crime scene

  • Thousands of hours of body worn camera (“BWC”) footage from MPD, Arlington County Police Department, Montgomery County Police Department, Fairfax County Police Department, and Virginia State Police;

Over 6,000 Grand Jury subpoenas

No really that might sound like a lot (whisper it is so take my next statement with a head ache inducing eye roll) …given the ever expanding girth of this investigation, that is a lot of data being requested and received. Just before Memorial Day 2021 the DOJ entered into a contract (TCV of $6.1M) with Deloitte

On or about May 28, 2021, the government contracted Deloitte Financial Advisory Services, LLP (“Deloitte”), a litigation support vendor with extensive experience providing complex litigation technology services, to assist in document processing, review and production of materials related to the Capitol Breach.


See page 8 of July 12, 2021 Discovery Notice -take note of a NEW disclosure the Government disclosed “ad tech data” now that definitely raised an eyebrow because generally speaking those ads have a specific algorithm which blends past browser history and geolocation…

Systematic Reviews of Voluminous Materials

….develop processes and procedures for ensuring that voluminous materials have been and will continue to be systematically reviewed for information

….inquired about investigations into officers who were alleged to have been complicit in the January 6 Capitol Breach. We have received copies o investigations into officer conduct, have finished reviewing them, and plan to disclose the relevant materials shortly…

The Deloitte Database:

To be clear having a searchable database isn’t a bad idea. This will help Defendants and Defense Counsel to better formulate a defense strategy ahead of the forthcoming criminal trials. A central database or repository will also add additional transparency for reporters and the General Public —assuming, arguendo, that said database/repository adheres to the Federal Rules of Criminal Procedure…and you’ll note an issue has already popped up concerning Grand Jury materials…

It is hoped that any databases or repositories will be used by FPD offices nationwide that are working on Capitol Breach cases, counsel that are appointed under the Criminal Justice Act, and retained counsel for people who are financially unable to obtain these services. A database will be the most organized and economical way of ensuring that all counsel can obtain access to, and conduct meaningful searches upon, relevant voluminous material…

See July 12, 2021 Defendant FITZSIMONS disclosure, specifically page 7 et seq because that’s a significant amount of discovery already given to the Defendant but also to Deloitte…

already begun transferring a large volume of materials to Deloitte (as of July 7, 2021, over 200 disks of data and 34,000 USCP records), who is populating the database. Specific processing workflows and oversight are being established between the United States Attorney’s Office and the vendor. We have already coordinated with Deloitte to use various tools to identify standard categories of Personal Identifying Information (“PII”)….

In various Court filings the Government explained what necessitated the recent contract with Deloitte but as you’ll note it appears that the DOJ may have entered into the Deloitte contract without fully thinking about the current Federal Rules of Criminal Procedure:

Following the Capitol Breach, the United States recognized that due to the nature and volume of materials being collected, the government would require the use of an outside contractor who could provide litigation technology support services to include highly technical and specialized data and document processing and review capabilities,” Assistant U.S. Attorneys Nadia Moore

 

On July 8, 2021 in a 56 page order from the Chief Judge —the Government can not provide Grand Jury material to Deloitte

“…the government has not made a sufficient showing of particularized need to warrant disclosure under Rule 6(e)(3)(E)(i). Disclosure to Deloitte is therefore prohibited, and the government’s motion to authorize disclosure based on one or the other of these exceptions must be denied..”

for now I believe you are sufficiently caught up but for now I have to dash to a meeting - I mean it’s not like those bonbons are going to eat themselves…it’s also kind of mind blowing that Defendant FITZSIMONS made his way back to his vehicle so he could “put on a costume” before he went full “Butcher” on January 6th, the fact Defendant FITZSIMONS attempted to pull a police officer from the line —into the crowd is just freaking chilling —worse?

He yanked a gas mask off a police officer and that officer was fully engulfed in pepper spray. This was one of the more brutal assaults and Defendant FITZSIMONS better not claim “mental capacity” issues —because reading the docket along with other open source reporting of his past social media post… my gut tells me that’s going to be his defense strategy. Again this is the February 5, 2021 Article and I walked you through my research and provided source links. Have a great Monday - Filey

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The enhanced and more robust DASs, this was a mandate post 9/11, better communication infrastructure and better cross channel ability. To give an idea on the Cost, see Library of Congress’ FY 2022 Budget

…and no, there’s a 0% chance that I’ll provide you with the prerequisite technical schematics of the actual Capitol and where these cellular signal boosters are because I’m not that kind of assoholic “show off”. All I can say is after the 9/11 Report was printed, Congress in concert with the Architect of the Capitol, Congressional Leadership and US Capitol Police Board made the necessary improvements to the wireless telecommunications infrastructure