MOTION to Revoke Pretrial Release by USA as to ETHAN NORDEAN (filed 3/20/21) NEW EVIDENCE Encrypted Chats

Also of course I’ll walk you through the First Superseding Indictment because there’s a lot to unpack in the SR1 and I mean a lot

Mar 21, 2021

- I never really understood why some mainstream media outlets reported that Chief Judge Howell “seemed to imply the Government’s case was weak…” or that the lack of evidence is “why she allowed Nordean to be released” But having read the hearing transcript, order and memorandum that is not at all the impression I got.
To me it was obvious that the Court had a bit of healthy skepticism as to the strength of the Government’s case but the door was left wide open —thusly allowing the Government another bite of the proverbial apple. Clearly that would be predicated on additional evidence the Government would have to proffer to the Court. Also context and content are not always mutually exclusive, Nordean was RoR’d on March 3, 2021 - the superseding indictment was partially unsealed on March 18, 2021 - technically the Grand Jury returned a superseding indictment on March 12, 2021 (and yes of course I’ll walk you through that too)

MOTION TO REVOKE NORDEAN’s PRETRIAL RELEASE

The Government comes out of the gate swinging for the fences but it’s not at all unexpected given:

The Chief Judge stated that, based on the facts presented at the time, the issue of pretrial detention was a “close call,” and that the assigned judge “may want to take another look at this if the Government persists in seeking pretrial detention here.” March 2, 2021 Hr’g Tr. 80, 83.

In the superseding indictment the Government disclosed they have the Encrypted Telegram messages of some of the most senior members of the Proud Boys1. These new disclosures undergird the newly filed Motion to Revoke Defendant Nordean’s PreTrial Release (ECF). These Telegram-Chats largely center around the deadly events of January 6. Moreover the new evidence proffered - it is crystal clear, Defendant Nordean was leading the group that had traveled to Washington, D.C.

Via Telegram, on January 5, at 9:32AM - a member of a Proud Boys Telegram Group stated;

“It seems like our plan has totally broken down and rufio has taken control as a singke [sic] point of contact.”

If the “un-indicted co-conspirator” turns out to be Henry “Enrique” Tarrio then I have a lot of questions about his January 4, 2021 arrest. He was ultimately released, but that has not slowed or deterred him from calling “for more violence”.

Interesting to see how prosecutors are addressing the 18 U.S.C. §1361 and what Nordean’s Motion of Bill of Particulars - where he’s trying to spin the depredation of any Federal Property. Meaning §1361 the Government;

“….must prove that the defendant acted willfully; that is intentionally, with knowledge that he/she is violating a law. United States v. Simpson, 460 F.2d 515, 518 (9th Cir. 1972); United States v. Moylan, 417 F.2d 1002, 1004 (4th Cir. 1969), cert. denied, 397 U.S. 910 (1970)

Violent Crime Control and Law Enforcement Act of 19942 - if the damage exceeds $100, the defendant is subject to a fine of up to $250,000, ten years imprisonment, or both. This is why I mentioned that Nordean’s recently filed Motion for Bill of Particulars was important. It’s clear (at least to me), Nordean is attempting to establish a predicate that he isn’t directly responsible for the damage, hence his “liability counter argument” nor was he “leading a group of proud boys”

I would like to draw your attention to page five (5) of the Government’s Motion - here the Government proffers additional photographic and video evidence that NORDEAN was a leader.

A while ago I noted that there were several Proud Boys that lead the march from the Rally to the Capitol - chanting “who’s streets, our streets” and pointed out that Nordean, Biggs, and Rehl indeed lead a large group of proud boys to the Capitol…picture below is a screenshot of the video (full disclosure I magnified the four defendants faces) but unintentionally made them look like four “action hero” bobble heads.

I didn’t intend to make the quad of proud boys look like bobble heads

Like I said this Video, I’ve watched any times and then looking at each frame. The number of Proud Boys present in the video represents some 14+ proud boys either charged and later indicted

The Government goes on to argue that NORDEAN was “instrumental” in the planning, coordination and execution of the attack on our Capitol. Furthermore the Government states that NORDEAN’s “followers” - interestingly on page six the Government argues:

the Defendant and his co-conspirators are also criminally responsible for the actions taken by others that were foreseeable and in furtherance of the conspiracy and those that they aided and abetted. Here, that includes the destruction of property committed by Dominic Pezzola, a Proud Boys member who is charged in a related case.

This is indicative of “the big lie” that Trump and his surrogates and with a massive bullhorn assist by Fox News, Newsmax, OANN and other hard-core Trump-MAGA-QANON that regurgitated Trump’s lie —the election wasn’t stolen. Yet Proud Boys like NORDEAN, Biggs, Rehl, Donohoe, Chrestman etc genuinely believe Trump’s lies. These individuals were so easily brainwashed and radicalized —that they think assaulting law enforcement, doing millions of dollars in damage to the Capitol building. Motion uploaded to my public drive

FIRST SUPERSEDING INDICTMENT

As previously reported the Government filed a Motion to partially unseal the superseding indictment on March 18, 2021. Notwithstanding the first superseding indictment (ECF) 3wasn’t fully unsealed until March 19, 2021 - pursuant to:

MINUTE ORDER as to ETHAN NORDEAN granting the Government's 28 Motion to Unseal.MINUTE ORDER as to ETHAN NORDEAN gran It is hereby ORDERED that 26 First Superseding Indictment and 29 Motion to Continue be UNSEALED. The Clerk of Court is instructed to unseal ECF Nos. 26 and 29. Signed by Judge Timothy J. Kelly on 3/19/2021

I now refer you to pages 4 and 5 - specifically paragraph 19 - I think most of us assumed that the doors and windows of the Capitol were either locked or otherwise secured. Which explains the footage of the insurgence breaking windows to gain entry inside the Capitol and what does sound like audible alarms (especially in videos of the beginning of the insurrection)

And finally - the prosecution rewinds the clock back to November 3, 2020 but the overt acts are literally down to the minute. The significance of prosectors disclosing not just the content of the encrypted messages but the time/date stamp. That’s a very clear indication that the Investigators obtained the messages

For example starting on page 8 (thru 14) of the first superseding indictment (uploaded to my public drive) prosecutors disclosed the two encrypted chat channels the defendants created after the January 4, 2021 arrest of the Proud Boys “chairman”

prosecutors also disclosed that after Tarrio’s arrest Defendant Donohoe predictably freaked out and created yet a second encrypted chat/channel the “boots on the ground” was used throughout the January 6th attack.

Moreover the prosecution clearly knows who was in the two new encrypted chats because it’s literally detailed in pages 8 thru 14. I think many of us assumed that the defendants “re-entered” the Capitol but now we know for sure…

The precise details proffered by prosecutors- I genuinely can not see how the Defendants will proffer a reasonable explanation. Because until this superseder was unsealed - we didn’t know the level of detail both investigators and the prosecution have/had. For now I’d BOLO for the Court’s Order regarding Nordean’s revocation of release. And with that I think you’re caught up4

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