Zach Rehl-March 27, 2021 Case Update domestic terrorism invoked. FINALLY.
Zach just get comfortable where you are because the Government just filed their Motion to detain you pending Trial. Yes or No Zach did you provide Nordean with the radios?
On March 27, 2021 - MOTION to Revoke Release Order1 and for Pretrial Detention by USA as to ZACHARY REHL via ECF or via my public drive —The Government is not messing around - they come out of the gate going straight for the jugular - and YES, DDC has original jurisdiction which is why the Government filed this motion in DDC;
pursuant to 18 U.S.C. § 3145(a)2, to revoke the magistrate judge’s decision in the Eastern District of Pennsylvania (EDPA), to release the defendant, Zachary Rehl, pending trial.
It appears the Government added more details concerning Rehl’s unrepentant behavior post the January 6, 2021 Insurrection.
The core of the Government’s argument for Pretrial Denton is;
Rehl holds a leadership role in the Proud Boys
Rehl’ s recalcitrant attitude towards his actions and that of the group he commanded - there was/is no sense of remorse
if Rehl were to be released he could (and likely would) lead a group to attack the Capitol or other Government institutions
Specifically the Government argues, rightfully so that Rehl’s conduct shouldn’t be viewed in the vacuum that he’s a random Proud Boys Member, rather Rehl is the President of a Pennsylvania Chapter and has a pretty long history and unapologetic affiliation with the Proud Boys.
I would expect Rehl and his co-defendant aka co-conspirators to soon argue “selective prosecution” —In short the Defendants will argue the Government is bringing to bear the full weight of the Justice Department and they are “unfairly” targeting the Proud Boys, Oath Keepers and III percenters for their “political views” —it is a predictable defense strategy that should be interesting to watch play out because it didn’t bode well for some of the Defendants (see Chrestman case)
“… defendant’s comments and conduct before, during, and after the attack—all of which must be viewed in light of his leadership position—demonstrate the threat he poses to the community going forward. Pre-trial release would allow the defendant to remain in the same circumstances in which he and others planned and launched the attack on January 6. For someone who commands influence over a group with a demonstrated desire for violence, even home detention does little to protect the community”
🌶 -sidebar moment - on February 14, 2021 I was halfway joking “Mo Brooks for Senate” but apparently I should have been more direct - so the question is;
can Mo Brooks be sworn in as the “next Senator from the (not so) Great State of Alabama if he’s under criminal investigation for aiding and abetting the Proud Boys?
Yes I had to get that off my chest because Mo thinks he’s protected by the Speech and Debate Clause. To wit I submit; um- nope. Mo should we talk about your incognito accounts on Zello? Or how about the Signal chat room you’re in with other members of Congress like Gaetz, Biggs, Gosar et al? Apologies I’m not at all sorry for going there. Also kind of weird how on March 19, 2021 Mo “start taking names and kicking ass” Brooks officially launched his Senate Campaign. To those who said I was wrong - I accept your unconditional apology—it’s not my issue that you don’t really know the Beltway but pretend you do on Twitter…
Firing Squads circa November 27, 2020
…One thing that kind of stuck out in the Government’s motion - they cited that on November 27, 2020 Rehl posted on social media (also read footnote 1 closely)
“Hopefully the firing squads are for the traitors that are trying to steal the election from the American people.”
One nifty tool about LexisNexis is I can type in various quotations and it will run a search both for case law, relevant news article(s) and public policy. - it also cuts my research time down, dramatically. As such the November 27, 2020 date and Rehi’s post bothered me and then I realized why;
on November 25, 2020 I did a thread about the Final Rule and “firing squads” -you can see artifacts of my Twitter thread found here
For the record I am not saying Rehl’s November 27, 2020 “firing squad” post are related to the violent and obscene rhetoric that Trump and his surrogates espoused. What I am saying is this kind of coarse language and preposition of using both violent rhetoric and violence is the bread and butter of the Proud Boys online and in real-life braggadocio vibrato. First Amendment doesn’t protect your speech if it causes violence (see previous articles) if the defendants plan to use their first amendment right -that doesn’t ameliorate their criminality or liability especially if it results in violence and/or death. To suggest otherwise is naive and uninformed
Remember in Nordean’s case he argued that his cellphone did not have power and that he didn’t bring it to the rally - base on the Government proffers, Zach Rehl brought “several radios” - the Government also proffered photographic evidence that Nordean was in possession of a radio which differed in style to the one he purchased on Amazon (referenced in part in these previous articles found here and here)
HALLELUJAH finally TERRORISM:
If you’ll recall on March 20, 2021 in the Nordean Case, I casually dropped “I see we’ve sailed right pass the amuse-bouche are now elbows deep into Terrorism as defined by 18 U.S.C. § 2332b(g)(5)(B) 34
seeks detention pursuant to, inter alia, 18 U.S.C. § 3142(e)(3)(C), which provides a rebuttable presumption of detention if there is probable cause to believe that the defendant committed“an offense listed in section 2332b(g)(5)(B) of title 18, United States Code, for which a maximum term of imprisonment of 10 years or more is prescribed.”
The government further argued (and this is important) because of the various Jan 6th criminal cases this is the first occurrence where the government puts meat on the domestic terrorism bones.
“…it qualifies as a federal crime of terrorism, because, consistent with charged conspiracy, the offense was plainly “calculated to influence or affect the conduct of government by intimidation or coercion.” See 18 U.S.C. §§ 2332b(g)(5)(A) & (B)5…
…defendant and his co-conspirators are criminally responsible for the actions taken by others that were foreseeable and in furtherance of the conspiracy and those that they aided and abetted.
(A) is calculated to influence or affect the conduct of government by intimidation or coercion, or to retaliate against government conduct; and
If you want to get technical in the legalese then you should also know that; Subsection § 2332b(e) grants the Attorney General6 (i.e., the Federal Bureau of Investigation (FBI)) primary investigative authority for all "Federal crimes of terrorism7" as that term is defined in § 2332b(f).
What is odd is nothing has been filed in the Joseph Biggs matter - I’m spitballing here but his docket has been unusually quiet. A simple explanation is the Government intends to file shortly -or- a more complex explanation because Joseph Biggs is kind of a conundrum.
I explained that the Government would be filing for all four defendants to be Detained pending Trial, see Donohoe Case Update found here and see Nordean Case update, found here.
In the Government’s Pretrial Detention Motion as to Defendant Dominic Pezzola, I am kind of surprised that didn’t make more news. March 17, Article found here
In the Government’s Pretrial Detention Motion, again I casually mentioned um - we have the invocation of “terrorism”—March 26, 2021 Article Found here.
I'm pleased to see the government moving in the right direction. These people were not sight seeing. They conspired to confront whomever stood in their way. Their intention was to stop the lawful counting of the Electoral votes by any means necessary. Thx again Files.. Hope everything is well in your neck of the woods.😀
Thank you for the front row/ backstage pass, Spicy!
I'm pleased to see the government moving in the right direction. These people were not sight seeing. They conspired to confront whomever stood in their way. Their intention was to stop the lawful counting of the Electoral votes by any means necessary. Thx again Files.. Hope everything is well in your neck of the woods.😀